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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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legal/us/code/title-37/chapter-1/section-101.md
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---
type: "LegalText"
title: "37 U.S.C. § 101"
description: "Definitions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "1"
chapter_name: "DEFINITIONS"
section: "101"
citation: "37 U.S.C. § 101"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc37@119-100.zip"
source_identifier: "/us/usc/t37/s101"
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retrieved_at: "2026-07-04"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 101 - Definitions
## Text
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, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force,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 and the Space 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, or for members of the Space Force in space force active status not on sustained duty, 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, or for members of the Space Force in space force active status not on sustained duty, 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 11 See Change of Name note below. 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.
(27) The term “space force active status” has the meaning given that term in section 101 of title 10.
(28) The term “sustained duty” 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; Pub. L. 116–283, div. A, title IX, § 925(a), Jan. 1, 2021, 134 Stat. 3826; Pub. L. 119–60, div. A, title VI, § 601(a), Dec. 18, 2025, 139 Stat. 901.)
## Notes
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.
Editorial Notes
References in TextFor definition of Canal Zone, referred to in pars. (7) and (9), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
Amendments2025—Par. (22)(A), (B). Pub. L. 119–60, § 601(a)(1), inserted “, or for members of the Space Force in space force active status not on sustained duty,” after “reserve component”. Pars. (27), (28). Pub. L. 119–60, § 601(a)(2), added pars. (27) and (28). 2021—Pars. (3), (4). Pub. L. 116–283, § 925(a)(1), inserted “Space Force,” after “Marine Corps,”. Par. (5)(C). Pub. L. 116–283, § 925(a)(2), which directed insertion of “and the Space Force” after “Air Force”, was executed by making the insertion after “Air Force” the second place appearing, to reflect the probable intent of Congress. 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”.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 2002 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentPub. 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 AmendmentsPub. 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 AmendmentPub. 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 AmendmentsPub. 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 AmendmentPub. 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.
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---
type: "LegalText"
title: "37 U.S.C. § 551"
description: "Definitions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "10"
chapter_name: "PAYMENTS TO MISSING PERSONS"
section: "551"
citation: "37 U.S.C. § 551"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc37@119-100.zip"
source_identifier: "/us/usc/t37/s551"
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retrieved_at: "2026-07-04"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 551 - Definitions
## Text
In this chapter:
(1) The term “dependent”, with respect to a member of a uniformed service, means—
(A) his spouse;
(B) his unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age;
(C) his dependent mother or father;
(D) a dependent designated in official records; and
(E) a person determined to be dependent by the Secretary concerned, or his designee.
(2) The term “missing status” means the status of a member of a uniformed service who is officially carried or determined to be absent in a status of—
(A) missing;
(B) missing in action;
(C) interned in a foreign country;
(D) captured, beleaguered, or besieged by a hostile force; or
(E) detained in a foreign country against his will.
(3) The term “pay and allowances” means—
(A) basic pay;
(B) special pay;
(C) incentive pay;
(D) basic allowance for housing;
(E) basic allowance for subsistence; and
(F) station per diem allowances for not more than 90 days.
(Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 625; amended Pub. L. 99–145, title XIII, § 1301(g), Nov. 8, 1985, 99 Stat. 737; Pub. L. 100–26, § 8(e)(10), Apr. 21, 1987, 101 Stat. 287; Pub. L. 105–85, div. A, title VI, § 603(d)(1)(D), Nov. 18, 1997, 111 Stat. 1782.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 551(1)50 App. 1001.Mar. 7, 1942, ch. 166, § 1, 56 Stat. 143; July 1, 1944, ch. 371, § 1, 58 Stat. 679; Aug. 14, 1964, Pub. L. 88–428, § 1(1), (2), 78 Stat. 437. 551(2)   551(3)50 App. 1002(a) (22d through 66th words of 1st sentence, for definition purposes).50 App. 1002(a) (96th through 120th words of 1st sentence, for definition purposes).Mar. 7, 1942, ch. 166, § 2(a) (22d through 66th and 96th through 120th words of 1st sentence, for definition purposes); added July 1, 1944, ch. 371, § 2, 58 Stat. 679; Apr. 4, 1953, ch. 17, § 1(a), 67 Stat. 21; Aug. 29, 1957, Pub. L. 85–217, § 1(b) (1st par.), 71 Stat. 491; Aug. 14, 1964, Pub. L. 88–428, § 1(3)(A), 78 Stat. 437. Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. The words “In this chapter” are substituted for “For the purpose of this Act”. In clause (1), the words “with respect to a member of a uniformed service” are inserted for clarity. In clause (1)(A), the word “lawful” is omitted as unnecessary in view of the accepted recognition of the fact that the word “wife” means a lawful wife. In clause (1)(E), the words “Secretary concerned, or his designee” are substituted for “head of the department concerned, or subordinate designated by him” to conform to the definition in 37 U.S.C. 101(5). The definitions of “person”, “active service”, and “department”, respectively, in 50 App. U.S.C. 1001(a)(1), (b), and (d) are omitted as unnecessary in view of the definitions of “member”, “uniformed services”, “active service”, and “Secretary concerned”, in 37 U.S.C. 101(3), (5), (20), and (23). The definitions in clauses (2) and (3), which do not appear in, but are based on, the source law are created for legislative convenience.
Editorial Notes
Amendments1997—Par. (3)(D). Pub. L. 105–85 substituted “housing” for “quarters”. 1987—Pub. L. 100–26 substituted “In this chapter:” for “In this chapter—”, inserted “The term” at beginning of pars. (1) to (3), and substituted period for semicolon at end of par. (1) and period for “; and” at end of par. (2). 1985—Par. (1)(A). Pub. L. 99–145 substituted “spouse” for “wife”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment 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.
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# 37 U.S.C. § 552 - Pay and allowances; continuance while in a missing status; limitations
## Text
(a) A member of a uniformed service who is on active duty or performing inactive-duty training, and who is in a missing status, is—
(1) for the period he is in that status, entitled to receive or have credited to his account the same pay and allowances, as defined in this chapter, to which he was entitled at the beginning of that period or may thereafter become entitled; and
(2) for the period, not to exceed one year, required for his hospitalization and rehabilitation after termination of that status, under regulations prescribed by the Secretaries concerned, with respect to incentive pay, considered to have satisfied the requirements of section 301 or section 351(a)(2) of this title so as to entitle him to a continuance of that pay.
However, a member who is performing full-time training duty or other full-time duty without pay, or inactive-duty training with or without pay, is entitled to the pay and allowances to which he would have been entitled if he had been on active duty with pay. Notwithstanding section 1523 of title 10 or any other provision of law, the promotion of a member while he is in a missing status is fully effective for all purposes.
(b) The expiration of a member’s term of service while he is in a missing status does not end his entitlement to pay and allowances under subsection (a). Notwithstanding the death of a member while in a missing status, entitlement to pay and allowances under subsection (a) ends on the date—
(1) the Secretary concerned receives evidence that the member is dead; or
(2) that his death is prescribed or determined under section 555 of this title or under chapter 76 of title 10.
(c) A member is not entitled to pay and allowances under subsection (a) for a period during which he is officially determined to be absent from his post of duty without authority, and he is indebted to the United States for payments from amounts credited to his account for that period.
(d) A member who is performing full-time training duty or inactive-duty training is entitled to the benefits of this section only when he is officially determined to be in a missing status that results from the performance of duties prescribed by competent authority.
(e) A member in a missing status who is continued in that status under section 555 of this title or under chapter 76 of title 10 is entitled to be credited with pay and allowances under subsection (a).
(Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 625; amended Pub. L. 92–169, § 1, Nov. 24, 1971, 85 Stat. 489; Pub. L. 92–482, Oct. 12, 1972, 86 Stat. 796; Pub. L. 93–26, § 1, Apr. 27, 1973, 87 Stat. 26; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title V, § 569(c)(2), Feb. 10, 1996, 110 Stat. 351; Pub. L. 115–91, div. A, title VI, § 618(g), Dec. 12, 2017, 131 Stat. 1427.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 552(a)50 App. 1002(a) (1st sentence, less last 46 words).Mar. 7, 1942, ch. 166, § 2(a); added July 1, 1944, ch. 371, § 2, 58 Stat. 679; Apr. 4, 1953, ch. 17, § 1(a), 67 Stat. 21; Aug. 29, 1957, Pub. L. 85–217, § 1(b) (1st par.), 71 Stat. 491; Aug. 14, 1964, Pub. L. 88–428, § 1(3), 78 Stat. 437.  50 App. 1014 (as applicable to § 1002(a) (1st sentence)).Mar. 7, 1942, ch. 166, § 14 (as applicable to § 2(a) (1st and last sentences)), 56 Stat. 147; Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. 552(b)50 App. 1002(a) (last 46 words of 1st sentence, and 2d sentence). 552(c)50 App. 1002(a) (3d sentence). 552(d)50 App. 1002(a) (last sentence).  50 App. 1014 (as applicable to § 1002(a) (last sentence)). 552(e)50 App. 1006 (2d sentence as applicable to pay and allowances).Mar. 7, 1942, ch. 166, § 6 (2d sentence, as applicable to pay and allowances); added Dec. 24, 1942, ch. 828, § 1 (4th par.), 56 Stat. 1093; Aug. 14, 1964, Pub. L. 88–428, § 1(5)(B), 78 Stat. 437. Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. In subsection (a), the first 22 words are substituted for 50 App. U.S.C. 1002(a) (1st 66 words) to conform to the definitions in 37 U.S.C. 101(3), (18), (20), (22), and (23) and revised section 551(2) of this chapter. The words “pay and allowances, as defined in this chapter,” are substituted for the enumeration of pay and allowances in 50 App. U.S.C. 1002(a) (1st sentence) to conform to the definition in revised section 551(3) of this chapter. The words “on active duty” are substituted for “performing full-time active duty” to conform to the definition in 37 U.S.C. 101(18). In subsection (b), the first sentence is substituted for 50 App. U.S.C. 1002(a) (1st 21 words of 2d sentence). The words “or employment” are omitted as inapplicable to members of the uniformed services. The words “entitlement to pay and allowances under subsection (a) of this section” are substituted for “Such entitlement to pay and allowances” for clarity. The words “Notwithstanding the death of a member while in a missing status” are substituted for 50 App. U.S.C. 1002(a) (2d sentence, less 1st 21 words). The word “member” is substituted for “person” and the word “Secretary” is substituted for “department” to conform to the definitions in 37 U.S.C. 101(5) and (23). In subsection (c), the words “A member” are substituted for “such person”. The words “under subsection (a) of this section” are inserted for clarity. The words “United States” are substituted for “Government” to conform to the style of title 37. In subsection (d), the words “A member . . . he . . . in a missing status” are substituted for “Persons”, “such persons”, and the enumerated absent stata to conform to the definitions in 37 U.S.C. 101(23) and revised section 551(2) of this chapter. In subsection (e), the words “A member in a missing status” are substituted for “a person missing under the conditions specified in section 2 of this Act” to conform to the definition in revised section 551(2) of this chapter. The words “under subsection (a) of this section” are substituted for “as provided in section 2 of this Act”.
Editorial Notes
Amendments2017—Subsec. (a)(2). Pub. L. 115–91 inserted “or section 351(a)(2)” after “section 301”. 1996—Subsec. (a). Pub. L. 104–106, § 569(c)(2)(A), substituted “for all purposes” for “for all purposes, even though the Secretary concerned determines under section 556(b) of this title that the member died before the promotion was made”. Subsec. (b)(2). Pub. L. 104–106, § 569(c)(2)(B), inserted “or under chapter 76 of title 10” before period at end. Subsec. (e). Pub. L. 104–106, § 569(c)(2)(C), inserted “or under chapter 76 of title 10” after “section 555 of this title”. 1991—Subsecs. (b), (c), (e). Pub. L. 102–25 struck out “of this section” after “subsection (a)” wherever appearing. 1973—Subsec. (a). Pub. L. 93–26 provided for full effectiveness for all purposes of promotion of a member while he is in a missing status notwithstanding a determination of the Secretary of death of the member before the making of the promotion. 1972—Subsec. (a). Pub. L. 92–482 designated existing provisions as cl. (1), added cl. (2), and struck out provisions relating to effectiveness of the promotion of a member of the uniformed services while he is in a missing status and the Secretary concerned determines under section 556(b) of this title that the member died before the promotion was made. 1971—Subsec. (a). Pub. L. 92–169 provided that promotion of a member of the uniformed services while he is in a missing status is fully effective for all purposes even though the Secretary concerned determines that the member died before the promotion was made.
Statutory Notes and Related Subsidiaries
Effective Date of 1973 AmendmentPub. L. 93–26, § 2, Apr. 27, 1973, 87 Stat. 26, provided that: “For the purposes of chapter 13 [§ 1301 et seq.] of title 38, United States Code, this Act [amending this section] becomes effective as of November 24, 1971. For all other purposes this Act becomes effective as of February 28, 1961.”
Effective Date of 1971 AmendmentAmendment by Pub. L. 92–169 effective for the purposes of chapter 13 (§ 1301 et seq.) of Title 38, Veterans’ Benefits, on Nov. 24, 1971, and for all other purposes effective as of Feb. 28, 1961, see section 3 of Pub. L. 92–169, set out as a note under section 1302 of Title 38.
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# 37 U.S.C. § 553 - Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations
## Text
(a) Notwithstanding the end of the period for which it was made, an allotment, including one for the purchase of United States savings bonds, made by a member of a uniformed service before he was in a missing status may be continued for the period he is entitled to pay and allowances under section 552 of this title.
(b) When there is no allotment in effect, or when it is insufficient for a purpose authorized by the Secretary concerned, he, or his designee, may authorize new allotments or increases in allotments that are warranted by the circumstances and payable for the period the member is entitled to pay and allowances under section 552 of this title.
(c) The total of all allotments from the pay and allowances of a member in a missing status may not be more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the Secretary concerned.
(d) A premium paid by the United States on insurance issued on the life of a member which is unearned because it covers a period after his death reverts to the appropriation of the department concerned.
(e) Subject to subsections (f) and (g), the Secretary concerned, or his designee, may, when he considers it in the interest of the member, his dependents, or the United States, direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of payments of allotments from the pay and allowances of a member entitled to pay and allowances under section 552 of this title.
(f) When the Secretary concerned officially reports that a member in a missing status is alive, the payments of allotments authorized by subsections (a)–(d) may, subject to section 552 of this title, be made until the date on which, in a case covered by section 555 of this title, the Secretary concerned receives evidence, or, in a case covered by chapter 76 of title 10, the Secretary concerned determines pursuant to that chapter, that the member is dead or has returned to the controllable jurisdiction of the department concerned.
(g) A member in a missing status who is continued in that status under section 555 of this title or under chapter 76 of title 10 is entitled to have the payments of allotments authorized by subsections (a)–(d) continued, increased, or initiated.
(h) When the Secretary concerned considers it essential for the well-being and protection of the dependents of a member on active duty (other than a member entitled to pay and allowances under section 552 of this title), he may, with or without the consent, and subject to termination at the request, of the member—
(1) direct the payment of a new allotment from the pay of the member;
(2) increase or decrease the amount of an allotment made by the member; and
(3) continue payment of an allotment of the member which has expired.
(Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 626; amended Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title V, § 569(c)(3), Feb. 10, 1996, 110 Stat. 351.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 553(a) 553(b) 553(c)50 App. 1003 (1st sentence).50 App. 1003 (2d sentence, less provisos).50 App. 1003 (1st proviso of 2d sentence).Mar. 7, 1942, ch. 166, § 3, 56 Stat. 144; Dec. 24, 1942, ch. 828, § 1 (1st par.), Stat. 1092; July 1, 1944, ch. 371, § 3, 58 Stat. 680. 553(d)50 App. 1003 (2d proviso of 2d sentence) 553(e)50 App. 1004.Mar. 7, 1942, ch. 166, § 4, 56 Stat. 144; Dec. 24, 1942, ch. 828, § 1 (2d par.), 56 Stat. 1093; July 1, 1944, ch. 371, § 4, 58 Stat. 680. 553(f)    553(g)50 App. 1006 (1st sentence).50 App. 1014 (as applicable to § 1006 (1st sentence)).50 App. 1006 (2d sentence, as applicable to allotments).Mar. 7, 1942, ch. 166, § 6 (1st sentence and 2d sentence, as applicable to allotments); added Dec. 24, 1942, ch. 828, § 1 (4th par.), 56 Stat. 1093; Apr. 4, 1953, ch. 17, § 1(b), 67 Stat. 21; Aug. 14, 1964, Pub. L. 88–428, § 1(5), 78 Stat. 437. 553(h)50 App. 1007.Mar. 7, 1942, ch. 166, § 7, 56 Stat. 145; Aug. 14, 1964, Pub. L. 88–428, § 1(6), 78 Stat. 437.Mar. 7, 1942, ch. 166, § 14 (as applicable to § 6 (1st sentence)), 56 Stat. 147; Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. In subsection (a), the words “a member of a uniformed service . . . in a missing status . . . he . . . under section 552 of this title” are substituted for “any person . . . under section 2 of this Act . . . his absence”, for clarity and to conform to the definition in revised section 551(2) of this chapter. The words “except as otherwise herein provided” are omitted as unnecessary. In subsection (b), the words “Secretary concerned, he, or his designee,” are substituted for “head of the department concerned . . . head of the department concerned, or such subordinate as he may designate” to conform to the definition in 37 U.S.C. 101(5). The word “member” is substituted for “person” to conform to the definition in 37 U.S.C. 101(23). In subsection (c), the words “in effect” are omitted as unnecessary. The words “member in a missing status” are substituted for “absent person” to conform to the definition in revised section 551(2) of this chapter. In subsection (d), the words “United States” are substituted for “Government” to conform to the style of title 37. The word “member” is substituted for “person” to conform to the definition in 37 U.S.C. 101(23). In subsection (e), the words “Secretary concerned, or his designee,” are substituted for “head of the department concerned, or such subordinates as he may designate,” to conform to the definition in 37 U.S.C. 101(5). The words “United States” are substituted for “Government” to conform to the style of title 37. The words “when he considers it” are substituted for “When circumstances are deemed to justify such action”. The word “member” is substituted for “person”. In subsection (f), the words “When the Secretary concerned officially reports that a member in a missing status” are substituted for “When it is officially reported by the head of the department concerned that a person missing under the conditions specified in section 2 of this Act”. The words “the payments of allotments authorized by subsections (a)–(d) of this section may, subject to section 552 of this title . . . until the date the Secretary concerned” are substituted for “the payments authorized by section 3 of this Act are, subject to the provisions of section 2 of this Act, authorized to be made for a period not to extend beyond the date of the receipt by the head of the department concerned”. The words “the member” are substituted for “the missing person”. In subsection (g), the words “A member in a missing status” are substituted for “a person missing under the conditions specified in section 2 of this Act”. In subsection (h), the words “Secretary concerned” are substituted for “head of the department concerned.” The words “a member on active duty” are substituted for “of persons in active service” to conform to the definitions in 37 U.S.C. 101(20) and (23). In clause (2), the words “heretofore or hereafter” are omitted as unnecessary.
Editorial Notes
Amendments1996—Subsec. (f). Pub. L. 104–106, § 569(c)(3)(A), substituted “the date on which, in a case covered by section 555 of this title, the Secretary concerned receives evidence, or, in a case covered by chapter 76 of title 10, the Secretary concerned determines pursuant to that chapter, that” for “the date the Secretary concerned receives evidence that”. Subsec. (g). Pub. L. 104–106, § 569(c)(3)(B), inserted “or under chapter 76 of title 10” after “section 555 of this title”. 1991—Subsecs. (e) to (g). Pub. L. 102–25 struck out “of this section” after “subsections (f) and (g)” in subsec. (e) and after “subsections (a)–(d)” in subsecs. (f) and (g).
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# 37 U.S.C. § 554 - Renumbered § 484]
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# 37 U.S.C. § 555 - Secretarial review
## Text
(a) Except as provided in subsection (d), when a member of a uniformed service entitled to pay and allowances under section 552 of this title has been in a missing status, and the official report of his death or of the circumstances of his absence has not been received by the Secretary concerned, he shall, before the end of a 12-month period in that status, have the case fully reviewed. After that review and the end of the 12-month period in a missing status, or after a later review which shall be made when warranted by information received or other circumstances, the Secretary concerned, or his designee, may—
(1) if the member can reasonably be presumed to be living, direct a continuance of his missing status; or
(2) make a finding of death.
(b) When a finding of death is made under subsection (a), it shall include the date death is presumed to have occurred for the purpose of—
(1) ending the crediting of pay and allowances;
(2) settlement of accounts; and
(3) payment of death gratuities.
That date is—
(A) the day after the day on which the 12-month period in a missing status ends; or
(B) if the missing status has been continued under subsection (a), the day determined by the Secretary concerned, or his designee.
(c) For the sole purpose of determining status under this section, a dependent of a member on active duty is treated as if he were a member. Any determination made by the Secretary concerned, or his designee, under this section is conclusive on all other departments and agencies of the United States. This subsection does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
(d) This section does not apply in a case to which section 1502 of title 10 applies.
(Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 628; amended Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title V, § 569(c)(1), Feb. 10, 1996, 110 Stat. 351.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 555(a)50 App. 1005 (1st and 2d sentences).Mar. 7, 1942, ch. 166, § 5, 56 Stat. 145; Dec. 24, 1942, ch. 828, § 1 (3d par.), 56 Stat. 1093; Aug. 14, 1964, Pub. L. 88–428, § 1(4), 78 Stat. 437.  50 App. 1014 (as applicable to § 1005 (1st sentence)).Mar. 7, 1942, ch. 166, § 14 (as applicable to § 5 (1st sentence)), 56 Stat. 147; Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. 555(b)50 App. 1005 (less 1st and 2d sentences). 555(c)50 App. 1009(b) (as applicable to § 1005).Mar. 7, 1942, ch. 166, § 9(b) (as applicable to § 5); added Aug. 29, 1957, Pub. L. 85–217, § 1(c), 71 Stat. 492. Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. In subsection (a), the words “member of a uniformed service” are substituted for “person”. The words “in a missing status” and “in that status” are substituted for “absence” in three places. The words “Secretary concerned” are substituted for “head of the department concerned” in two places. In the second sentence, the words “or his designee” are supplied on authority of 50 App. U.S.C. 1009 which is codified in part in revised section 556(a) of this chapter. In clause (1), the words “member” and “his” are substituted for “person’s” and “person”, respectively. In subsection (b), the words “under subsection (a) of this section” are inserted for clarity. In clause (A), the words “day on which the 12-month period in a missing status ends” are substituted for “day of expiration of an absence of twelve months”. In clause (B), the words “under subsection (a) of this section” are substituted for “as hereinbefore authorized”. The words “Secretary concerned” are substituted for “head of the department concerned.” The words “or his designee” are supplied on authority of 50 App. U.S.C. 1009(a) which is codified in part in revised section 556(a) of this chapter. In subsection (c), the first sentence is substituted for 50 App. U.S.C. 1009(b) (1st 31 words, as applicable to § 1005). The words “Secretary concerned” are substituted for “head of the department concerned”. The words “or his designee” are supplied on authority of 50 App. U.S.C. 1009(a) which is codified in part in revised section 556(a) of this chapter. The words “departments and agencies of the United States” are substituted for “departments of the Government” in view of the definition of “department” in 50 App. U.S.C. 1001(d). The words “This subsection does not entitle” are substituted for “Provided, That nothing in this section shall be construed as conferring . . . any right”.
Editorial Notes
Amendments1996—Subsec. (a). Pub. L. 104–106, § 569(c)(1)(A), substituted “Except as provided in subsection (d), when” for “When”. Subsec. (d). Pub. L. 104–106, § 569(c)(1)(B), added subsec. (d). 1991—Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)” in two places.
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# 37 U.S.C. § 557 - Settlement of accounts
## Text
(a) The Secretary concerned, or his designee, may settle the account of—
(1) a member of a uniformed service for whose account payments have been made under sections 552, 553, and 555 of this title; and
(2) a survivor of a casualty to a ship, station, or military installation which results in the loss or destruction of disbursing records.
That settlement is conclusive on the accounting officers of the United States in settling the accounts of disbursing officers.
(b) Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlements.
(c) In the settlement of his accounts, a disbursing officer is entitled, if there is no fraud or criminality by him, to credit for an erroneous payment or overpayment he made in carrying out this chapter, except section 558 of this title. Unless there is fraud or criminality by him, recovery may not be made from a civilian officer or employee or a member of a uniformed service who authorizes a payment under this chapter, except section 558 of this title.
(Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 630; amended Pub. L. 99–145, title XIII, § 1303(b)(11), Nov. 8, 1985, 99 Stat. 741.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 557(a)50 App. 1011.Mar. 7, 1942, ch. 166, § 11, 56 Stat. 146. 557(b) 557(c)50 App. 1009(a) (5th sentence).50 App. 1009(a) (last sentence).Mar. 7, 1942, ch. 166, § 9(a) (5th and last sentences); added July 1, 1944, ch. 371, § 5, 58 Stat. 680; Aug. 29, 1957, Pub. L. 85–217, § 1(c), 71 Stat. 492. Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. In subsection (a), the words “Secretary concerned, or his designee,” are substituted for “head of the department concerned, or such person as he may designate,”. The words “a member of a uniformed service” are substituted for “persons”. The words “United States” are substituted for “Government”. In subsection (c), the words “in carrying out this chapter, except section 558” are substituted for “in carrying out the provisions of this Act, except sections 13, 16, 17, and 18”, since sections 16 and 17 are scheduled for repeal (see Table II) and section 18 was previously repealed. The words “under this chapter, except section 558” are substituted for “under such provisions” for the reasons stated in the preceding sentence.
Editorial Notes
Amendments1985—Subsec. (c). Pub. L. 99–145 inserted “of this title” after “558” in two places.
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# 37 U.S.C. § 558 - Income tax deferment
## Text
Notwithstanding any other provision of law, a Federal income tax return of, or the payment of a Federal income tax by, a member of a uniformed service who, at the time the return or payment would otherwise become due, is in a missing status, does not become due until the earlier of the following dates—
(1) the fifteenth day of the third month in which he ceased (except by reason of death or incompetency) being in a missing status, unless before the end of that fifteenth day he is again in a missing status; or
(2) the fifteenth day of the third month after the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed.
That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or paying the tax, as in other cases, and to assess and collect the tax as provided by sections 6851, 6861, and 6871 of the Internal Revenue Code of 1986 in cases in which the assessment or collection is jeopardized and in cases of bankruptcy or receivership.
(Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 631; amended Pub. L. 96–513, title V, § 516(16), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 100–26, § 8(c), Apr. 21, 1987, 101 Stat. 285.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 55850 App. 1013.Mar. 7, 1942, ch. 166, § 13, 56 Stat. 146; Aug. 8, 1947, ch. 515, § 6, 61 Stat. 918; Aug. 14, 1964, Pub. L. 88–428, § 1(9), 78 Stat. 437. Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. The words “in the case of any taxable year beginning after December 31, 1940” are omitted as unnecessary. The words “as defined in section 101(3) and (23) of title 37, United States Code” are omitted as unnecessary since the revised section is codified in title 37. The words “in a missing status” are substituted for “absent from his duty station under the conditions specified in section 2 of the Act” to conform to the definition in revised section 551(3) of this chapter and in view of the provisions of revised section 552 establishing the entitlement of a member in a missing status to receive pay and allowances or have them credited to his account. Reference to “title 26” is substituted for “Internal Revenue Code of 1954”.
Editorial Notes
References in TextSections 6851, 6861, and 6871 of the Internal Revenue Code of 1986, referred to in text, are classified to sections 6851, 6861, and 6871, respectively, of Title 26, Internal Revenue Code.
Amendments1987—Pub. L. 100–26 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954” in last sentence. 1980—Pub. L. 96–513 substituted “the Internal Revenue Code of 1954” for “title 26”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment 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.
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# 37 U.S.C. § 559 - Benefits for members held as captives
## Text
(a) In this section:
(1) The term “captive status” means a missing status of a member of the uniformed services which, as determined by the President, arises because of a hostile action and is a result of membership in the uniformed services, but does not include a period of captivity of a member as a prisoner of war if Congress provides to such member, in an Act enacted after August 27, 1986, monetary payment in respect of such period of captivity.
(2) The term “former captive” means a person who, as a member of the uniformed services, was held in a captive status.
(b) (1) The Secretary of the Treasury shall establish a savings fund to which the Secretary concerned may allot all or any portion of the pay and allowances of any member of the uniformed services who is in a captive status to the extent that such pay and allowances are not subject to an allotment under section 553 of this title or any other provision of law.
(2) Amounts so allotted shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with three-month maturities issued during the preceding calendar quarter. Such interest shall be computed quarterly.
(3) Amounts in the savings fund credited to a member shall be considered as pay and allowances for purposes of section 553(c) of this title and shall otherwise be subject to withdrawal under procedures which the Secretary of the Treasury shall establish.
(4) Any interest accruing under this subsection on—
(A) any amount for which a member is indebted to the United States under section 552(c) of this title shall be deemed to be part of the amount due under such section; and
(B) any amount referred to in section 556(f) of this title shall be deemed to be part of such amount for purposes of such section.
(5) An allotment under this subsection may be made without regard to section 553(c) of this title.
(c) (1) Except as provided in paragraph (3), the President shall make a cash payment to any person who is a former captive. Such payment shall be made before the end of the one-year period beginning on the date on which the captive status of such person terminates.
(2) Except as provided in section 802 of the Victims of Terrorism Compensation Act (5 U.S.C. 5569 note), the amount of such payment shall be determined by the President under the provisions of section 5569(d)(2) of title 5.
(3) (A) The President—
(i) may defer such payment in the case of any former captive who during such one-year period is charged with an offense described in clause (ii), until final disposition of such charge; and
(ii) may deny such payment in the case of any former captive who is convicted of a captivity-related offense—
(I) referred to in subsection (b) or (c) of section 8312 of title 5; or
(II) under chapter 47 of title 10 (the Uniform Code of Military Justice) that is punishable by dishonorable discharge, dismissal, or confinement for one year or more.
(B) For the purposes of subparagraph (A), a captivity-related offense is an offense that is—
(i) committed by a person while the person is in a captive status; and
(ii) related to the captive status of the person.
(4) A payment under this subsection is in addition to any other amount provided by law.
(5) Any amount due a person under this subsection shall, after the death of such person, be deemed to be pay and allowances for the purposes of this chapter.
(6) Any payment made under paragraph (1) that is later denied under paragraph (3)(A)(ii) is a claim of the United States Government for purposes of section 3711 of title 31.
(d) A determination by the President under subsection (a)(1) or (c) is final and is not subject to judicial review.
(Added Pub. L. 99–399, title VIII, § 806(a)(1), Aug. 27, 1986, 100 Stat. 884; amended Pub. L. 100–26, § 8(e)(11), Apr. 21, 1987, 101 Stat. 287; Pub. L. 101–510, div. A, title XIV, § 1484(d)(4), (e)(2), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 102–25, title VII, § 702(b)(1)–(4), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title X, § 1054(a)(6), (c)(2), Oct. 23, 1992, 106 Stat. 2502.)
## Notes
Editorial Notes
References in TextSection 802 of the Victims of Terrorism Compensation Act, referred to in subsec. (c)(2), is section 802 of Pub. L. 99–399, which is set out as a note under section 5569 of Title 5, Government Organization and Employees.
Amendments1992—Subsec. (c)(3)(A)(i). Pub. L. 102–484, § 1054(c)(2), made technical correction to directory language of Pub. L. 102–25, § 702(b)(4). See 1991 Amendment note below. Pub. L. 102–484, § 1054(a)(6), made amendment identical to amendment by Pub. L. 102–25, § 702(b)(4). See 1991 Amendment note below. 1991—Subsec. (c)(1). Pub. L. 102–25, § 702(b)(2), struck out “of this subsection” after “paragraph (3)”. Subsec. (c)(3)(A)(i). Pub. L. 102–25, § 702(b)(4), as amended by Pub. L. 102–484, § 1054(c)(2), struck out “of this subparagraph” after “clause (ii)”. Subsec. (c)(3)(B). Pub. L. 102–25, § 702(b)(3), struck out “of this paragraph” after “subparagraph (A)”. Subsec. (c)(6). Pub. L. 102–25, § 702(b)(2), struck out “of this subsection” after “paragraph (1)” and after “paragraph (3)(A)(ii)”. Subsec. (d). Pub. L. 102–25, § 702(b)(1), struck out “of this section” after “(c)”. 1990—Subsec. (a)(1). Pub. L. 101–510, § 1484(d)(4), substituted “August 27, 1986” for “the date of the enactment of the Victims of Terrorism Compensation Act”. Subsec. (c)(2). Pub. L. 101–510, § 1484(e)(2), inserted “(5 U.S.C. 5569 note)” after “Terrorism Compensation Act”. 1987—Subsec. (a). Pub. L. 100–26 substituted “In this section:” for “In this section—”, inserted “The term” at beginning of pars. (1) and (2), and substituted period for “; and” at end of par. (1).
Statutory Notes and Related Subsidiaries
Effective Date; Payments; InterestPub. L. 99–399, title VIII, § 806(a)(3), Aug. 27, 1986, 100 Stat. 885, provided that: “(A)(i) Except as provided in clause (ii), section 559 of title 37, United States Code, as added by paragraph (1), shall apply to any person whose captive status begins after January 21, 1981. “(ii)(I) Subsection (c) of such section shall apply to any person whose captive status begins on or after November 4, 1979. “(II) In the case of any person whose status as a captive terminated before the date of the enactment of this Act [Aug. 27, 1986], the President shall make a payment under paragraph (1) of such subsection before the end of the one-year period beginning on such date. “(B) Amounts may be allotted to a savings fund established under such section from pay and allowances for any pay period ending after January 21, 1981, and before the establishment of such fund. “(C) Interest on amounts so allotted with respect to any such pay period shall be calculated as if the allotment had occurred at the end of such pay period.”
Recalculation of Previous PaymentsPub. L. 110–181, div. A, title VI, § 675(b), Jan. 28, 2008, 122 Stat. 187, provided that: “In the case of any payment of back pay made to or for a person under section 667 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 [Pub. L. 106–398, § 1 [[div. A], title VI, § 667], set out below] before the date of the enactment of this Act [Jan. 28, 2008], the Secretary of the Navy shall— “(1) recalculate the amount of back pay to which the person is entitled by reason of the amendment made by subsection (a) [amending Pub. L. 106–398, § 1 [[div. A], title VI, § 667], set out below]; and “(2) if the amount of back pay, as so recalculated, exceeds the amount of back pay so paid, pay the person, or the surviving spouse of the person, an amount equal to the excess.”
Back Pay for Members of the Navy and Marine Corps Selected for Promotion While Interned as Prisoners of War During World War IIPub. L. 106–398, § 1 [[div. A], title VI, § 667], Oct. 30, 2000, 114 Stat. 1654, 1654A–169, as amended by Pub. L. 110–181, div. A, title VI, § 675(a), Jan. 28, 2008, 122 Stat. 186, provided that: “(a) Entitlement of Former Prisoners of War.—Upon receipt of a claim made in accordance with this section, the Secretary of the Navy shall pay, from any appropriation currently available to the Secretary, back pay to any person who, by reason of being interned as a prisoner of war while serving as a member of the Navy or the Marine Corps during World War II, was not available to accept a promotion for which the person had been selected. “(b) Payment to Surviving Spouse of Deceased Former Member.—In the case of a person described in subsection (a) who is deceased, the back pay for that person under this section shall be paid to the living surviving spouse of that person, if any. If there is no living surviving spouse, no claim may be paid under this section with respect to that person. “(c) Amount of Back Pay.—(1) The amount of back pay payable to or for a person described in subsection (a) is the amount equal to the difference between—“(A) the total amount of basic pay that would have been paid to that person for service in the Navy or the Marine Corps for the back-pay computation period if the person had been promoted to the grade to which selected to be promoted; and “(B) the total amount of basic pay that was actually paid to or for that person for such service for the back-pay computation period. “(2) For purposes of paragraph (1), the back-pay computation period for a person covered by subsection (a) is the period—“(A) beginning on the date (as determined by the Secretary of the Navy) as of when that person’s promotion would have been effective for pay purposes but for the person’s internment as a prisoner of war; and “(B) ending on the earliest of—“(i) the date of the person’s discharge or release from active duty; “(ii) the date on which the person’s promotion to that grade in fact became effective for pay purposes; and “(iii) the end of World War II. “(3) The amount determined for a person under paragraph (1) shall be increased to reflect increases in cost of living since the basic pay referred to in paragraph (1)(B) was paid to or for that person, calculated on the basis of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics. “(d) Time Limitations.—(1) To be eligible for a payment under this section, a claimant must file a claim for such payment with the Secretary of the Navy within two years after the effective date of the regulations prescribed to carry out this section. “(2) Not later than 18 months after receiving a claim for payment under this section, the Secretary shall determine the eligibility of the claimant for payment of the claim. Subject to subsection (f), if the Secretary determines that the claimant is eligible for the payment, the Secretary shall promptly pay the claim. “(e) Regulations.—Not later than six months after the date of the enactment of this Act [Oct. 30, 2000], the Secretary of the Navy shall prescribe regulations to carry out this section. Such regulations shall include procedures by which persons may submit claims for payment under this section. “(f) Limitation on Disbursement.—(1) Notwithstanding any power of attorney, assignment of interest, contract, or other agreement, the actual disbursement of a payment of back pay under this section may be made only to a person who is eligible for the payment under subsection (a) or (b). “(2) In the case of a claim approved for payment but not disbursed as a result of paragraph (1), the Secretary shall hold the funds in trust for the person in an interest bearing account until such time as the person makes an election under such paragraph. “(g) Attorney Fees.—Notwithstanding any contract, the representative of a person may not receive, for services rendered in connection with the claim of, or with respect to, a person under this section, more than 10 percent of the amount of a payment made under this section on that claim. “(h) Outreach.—The Secretary of the Navy shall take such actions as are necessary to ensure that the benefits and eligibility for benefits under this section are widely publicized by means designed to provide actual notice of the availability of the benefits in a timely manner to the maximum number of eligible persons practicable. “(i) Definition.—In this section, the term ‘World War II’ has the meaning given that term in section 101(8) of title 38, United States Code.”
Payment to Individuals Held in Captive Status Between November 4, 1979, and January 21, 1981For payment for individuals in the uniformed services referred to in subsec. (c) of this section held in captive status between Nov. 4, 1979, and Jan. 21, 1981, see section 802 of Pub. L. 99–399, set out as a note under section 5569 of Title 5, Government Organization and Employees.
Executive Documents
Delegation of Functions Functions of President under this section delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organization and Employees.
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# 37 U.S.C. § 601 - Applicability
## Text
This chapter applies to—
(1) members of a uniformed service who are on active duty (other than for training) or who are on a retired list of that service; and
(2) members of the Fleet Reserve or Fleet Marine Corps Reserve.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 483.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 60137:351.June 21, 1950, ch. 342, § 1, 64 Stat. 249. The words “on active duty (other than for training)” are substituted for the words “on the active . . . list” to conform to longstanding administrative construction, and because there is no “active list” in the case of many of the uniformed services named, but only for certain regular component of those services, e.g., the “Regular Army” and the “Regular Air Force”. The words “a retired list of that service” are substituted for the words “retired list”, since there is more than one retired list for many of the services named. (See sections 1376, 3966, and 8966 of title 10, for example.) The words “members of the Reserve components of the respective services entitled to Federal pay either on the active or any retired list of said services” are omitted as covered by clause (1), since members of the reserve components are members of the uniformed services concerned. The word “transferred” is omitted as surplusage.
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---
type: "LegalText"
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description: "Payments: designation of person to receive amounts due"
jurisdiction: "us"
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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---
# 37 U.S.C. § 602 - Payments: designation of person to receive amounts due
## Text
(a) Active duty pay and allowances, amounts due for accrued or accumulated leave, or retired or retainer pay, that are otherwise payable to a member to whom this chapter applies and who is mentally incapable of managing his affairs, may be paid for that member’s use or benefit to—
(1) a legal committee, guardian, or other representative that has been appointed by a court of competent jurisdiction;
(2) an individual to whom the member has granted authority to manage such funds pursuant to a valid and legally executed durable power of attorney; or
(3) any person designated by the Secretary concerned, or by any officer to whom he delegates his authority under this section, without the appointment in judicial proceedings of a committee, guardian, or other legal representative.
(b) An individual may not be designated under subsection (a)(3) to receive payments unless a board consisting of at least three qualified medical officers or physicians, one of whom is specially qualified in the treatment of mental disorders, determines that the member is mentally incapable of managing the member’s affairs. Any such board shall be appointed from available medical officers or physicians under his jurisdiction by the head of whichever of the following is providing medical treatment for the member, or by a person designated by that head—
(1) Department of the Army;
(2) Department of the Navy;
(3) Department of the Air Force;
(4) Department of Health and Human Services; or
(5) Department of Veterans Affairs.
If the hospitalization or medical care of the member is not provided by the United States, the board shall be appointed by the Secretary of the department having jurisdiction of the member.
(c) A payment made to a person who is authorized to receive payments under this section discharges the obligation of the United States as to the amount paid.
(d) A person serving in a legal, medical, fiduciary, or other capacity, may not demand or accept a fee, commission, or other charge for any service performed under this chapter, unless a court of competent jurisdiction orders payment of such fee, commission, or other charge.
(e) A person who is designated under subsection (a)(3) to receive payments under this section shall furnish satisfactory assurance that the amounts received by him will be applied to the use and benefit of the incompetent member, and, where the payments may reasonably be expected to be more than $25,000, shall provide a suitable bond to be paid for out of amounts due the incompetent member.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 483; Pub. L. 96–513, title V, § 516(17), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 101–189, div. A, title XVI, § 1621(b)(1), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 114–328, div. A, title VI, § 645, Dec. 23, 2016, 130 Stat. 2167.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 602(a)  602(b)37:352 (1st sentence, less 31 words before provisos and less provisos).37:352 (last proviso of 1st sentence, 2d sentence, and last sentence).June 21, 1950, ch. 342, §§ 2, 3 (less 1st 28 words), 64 Stat. 249; Aug. 7, 1959, Pub. L. 86–145, § 1, 73 Stat. 297. 602(c)37:352 (31 words before provisos of 1st sentence). 602(d)37:352 (1st proviso of 1st sentence). 602(e)37:352 (2d proviso of 1st sentence). 602(f)37:353 (less 1st 28 words). In subsection (a), the words “or persons” and “or officers” are omitted, since, under section 1 of title 1, “words importing the singular include and apply to several persons, parties, or things”. The words “to whom he delegates his authority under this section” are substituted for the words “as the respective Secretaries may designate for such purposes” to obviate confusion between persons “designated to receive payments and those who perform the Secretary’s functions under the section. The words “the necessity of” are omitted as surplusage. In subsection (c), the words “or persons” are omitted for the reasons given in the preceding paragraph. The words “discharges the obligation” are substituted for the words “shall constitute a complete discharge”. In subsection (d), the words “under the authority of” are omitted as surplusage. In subsection (e), the words “have been” and “including a requirement” are omitted as surplusage. The words “or persons” are omitted for the reason stated in the explanation under subsection (a), above.
Editorial Notes
Amendments2016—Subsec. (a). Pub. L. 114–328, § 645(1), struck out “, in the opinion of a board of medical officers or physicians,” after “and who” and substituted “use or benefit to— “(1) a legal committee, guardian, or other representative that has been appointed by a court of competent jurisdiction; “(2) an individual to whom the member has granted authority to manage such funds pursuant to a valid and legally executed durable power of attorney; or “(3) any person designated” for “use or benefit to any person designated”. Subsec. (b). Pub. L. 114–328, § 645(2), in introductory provisions, substituted “An individual may not be designated under subsection (a)(3) to receive payments unless a board consisting” for “The board shall consist” and inserted “determines that the member is mentally incapable of managing the member’s affairs. Any such board shall be” after “treatment of mental disorders,”. Subsec. (c). Pub. L. 114–328, § 645(3), substituted “authorized to receive payments” for “designated”. Subsec. (d). Pub. L. 114–328, § 645(4), inserted “, unless a court of competent jurisdiction orders payment of such fee, commission, or other charge” before period at end. Subsecs. (e), (f). Pub. L. 114–328, § 645(5)–(7), redesignated subsec. (f) as (e), inserted “under subsection (a)(3)” after “who is designated” and substituted “$25,000” for “$1,000”, and struck out former subsec. (e) which read as follows: “This section does not apply in any case in which a legal committee, guardian, or other representative has been appointed by a court of competent jurisdiction, except as to payments made before the paying agency of the department concerned receives notice of that appointment.” 1989—Subsec. (b)(5). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”. 1980—Subsec. (b)(4). Pub. L. 96–513 substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment 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.
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---
type: "LegalText"
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title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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chapter_name: "PAYMENTS TO MENTALLY INCOMPETENT PERSONS"
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---
# 37 U.S.C. § 603 - Regulations
## Text
The Secretary concerned and the Secretary of Veterans Affairs shall prescribe regulations necessary to carry out this chapter.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484; Pub. L. 101–189, div. A, title XVI, § 1621(b)(2), Nov. 29, 1989, 103 Stat. 1604.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 60337:353 (1st 28 words).June 21, 1950, ch. 342, § 3 (1st 28 words), 64 Stat. 249; Aug. 7, 1959, Pub. L. 86–145, § 2, 73 Stat. 297. The words “effectively” and “provisions of” are omitted as surplusage.
Editorial Notes
Amendments1989—Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
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---
type: "LegalText"
title: "37 U.S.C. § 604"
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title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "11"
chapter_name: "PAYMENTS TO MENTALLY INCOMPETENT PERSONS"
section: "604"
citation: "37 U.S.C. § 604"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 37 U.S.C. § 604 - Determination of Secretary final
## Text
The determination as to the person authorized to receive a payment under section 602 of this title is final and is not subject to review by an official of the United States or a court.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484; Pub. L. 89–718, § 66, Nov. 2, 1966, 80 Stat. 1123.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 60437:354.June 21, 1950, ch. 342, § 4, 64 Stat. 250. The words “or persons” are omitted for the reasons stated in the revision note for section 602(a) of this revised title. The words “made by the respective secretaries, or by their duly designated subordinates” and the words “and conclusive” are omitted as surplusage.
Editorial Notes
Amendments1966—Pub. L. 89–718 struck out “the” before “Secretary” in section catchline.
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---
type: "LegalText"
title: "37 U.S.C. § 701"
description: "Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons"
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corpus: "united_states_code"
kind: "code_section"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "13"
chapter_name: "ALLOTMENTS AND ASSIGNMENTS OF PAY"
section: "701"
citation: "37 U.S.C. § 701"
status: "current"
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---
# 37 U.S.C. § 701 - Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons
## Text
(a) Under regulations prescribed by the Secretary of the military department concerned, a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force may transfer or assign the officer’s pay account, when due and payable.
(b) A contract surgeon, or contract dental surgeon, of the Army, Navy, or Air Force, on duty in Alaska, Hawaii, the Philippine Islands, or Puerto Rico, may transfer or assign the person’s pay account, when due and payable, under the regulations prescribed under subsection (a).
(c) An enlisted member of the Army, Navy, Air Force, Marine Corps, or Space Force may not assign the member’s pay, and if the member does so, the assignment is void.
(d) Under regulations prescribed by the Secretary of Defense, a member of the Army, Navy, Air Force, Marine Corps, or Space Force and a contract surgeon of the Army, Navy, or Air Force may make allotments from the pay of the member or surgeon for the purpose of supporting relatives or for any other purpose that the Secretary considers proper. Such allotments may include a maximum of six allotments considered to be discretionary under such regulations. For a member or former member entitled to retired or retainer pay, a maximum of six discretionary allotments authorized during active military service may be continued into retired status, and new discretionary allotments may be authorized so long as the total number of discretionary allotments does not exceed six.
(e) If an allotment made under subsection (d) is paid to the allottee before the disbursing officer receives a notice of discontinuance from the officer required by regulation to furnish the notice, the amount of the allotment shall be credited to the disbursing officer. If an allotment is erroneously paid because the officer required by regulation to so report failed to report the death of the allotter or any other fact that makes the allotment not payable, the amount of the payment not recovered from the allottee shall, if practicable, be collected by the Secretary concerned from the officer who failed to make the report.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484; Pub. L. 89–718, § 67, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 99–145, title VI, § 683(a)(1), (2), Nov. 8, 1985, 99 Stat. 665; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–201, div. A, title VI, § 651(a), Sept. 23, 1996, 110 Stat. 2582; Pub. L. 116–283, div. A, title IX, § 925(h)(1)–(3), Jan. 1, 2021, 134 Stat. 3828.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 701(a)10:3689(a).[None.]  10:8689(a).[None.] 701(b)10:3689(b)[None.]  10:8689(b).[None.] 701(c)10:3689(c).[None.]  10:8689(c).[None.] 701(d)10:3689(d).[None.]  10:8689(d).[None.]
Editorial Notes
Amendments2021—Subsec. (a). Pub. L. 116–283, § 925(h)(1), (2)(A), substituted “Marine Corps, or Space Force” for “or Marine Corps” and “the officer’s” for “his”. Subsec. (b). Pub. L. 116–283, § 925(h)(2)(B), substituted “the person’s” for “his”. Subsec. (c). Pub. L. 116–283, § 925(h)(1), (2)(C), substituted “Marine Corps, or Space Force” for “or Marine Corps” and “the member’s pay, and if the member does so” for “his pay, and if he does so”. Subsec. (d). Pub. L. 116–283, § 925(h)(1), substituted “Marine Corps, or Space Force” for “or Marine Corps”. 1996—Subsecs. (d), (e). Pub. L. 104–201 added subsecs. (d) and (e) and struck out former subsec. (d) which read as follows: “The Secretary of the military department concerned, may allow a— “(1) member of the Army, Navy, Air Force, or Marine Corps; or “(2) contract surgeon of the Army, Navy, or Air Force; to make allotments from his pay for the support of his relatives, or for any other purpose that the Secretary concerned considers proper. If an allotment made under this subsection is paid to the allottee before the disbursing officer receives a notice of discontinuance from the officer required by regulation to furnish the notice, the amount of the allotment shall be credited to the disbursing officer. If an allotment is erroneously paid because the officer required by regulation to so report failed to report the death of the allotter or any other fact that makes the allotment not payable, the amount of the payment not recovered from the allottee shall, if practicable, be collected by the Secretary concerned, from the officer who failed to make the report.” 1991—Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”. 1985—Pub. L. 99–145, § 683(a)(2), inserted reference to Navy and Marine Corps in section catchline. Subsec. (a). Pub. L. 99–145, § 683(a)(1)(A), (C), substituted “Secretary of the military department concerned” for “Secretary of the Army or the Secretary of the Air Force, as the case may be” and “commissioned officer of the Army, Navy, Air Force, or Marine Corps” for “commissioned officer of the Army or the Air Force”. Subsec. (b). Pub. L. 99–145, § 683(a)(1)(B), inserted reference to Navy. Subsec. (c). Pub. L. 99–145, § 683(a)(1)(A), inserted reference to Navy and Marine Corps. Subsec. (d). Pub. L. 99–145, § 683(a)(1)(C), substituted “Secretary of the military department concerned” for “Secretary of the Army or the Secretary of the Air Force, as the case may be”. Subsec. (d)(1). Pub. L. 99–145, § 683(a)(1)(A), inserted reference to Navy and Marine Corps. Subsec. (d)(2). Pub. L. 99–145, § 683(a)(1)(B), inserted reference to Navy. 1966—Subsec. (d). Pub. L. 89–718 substituted “Secretary concerned” for “Chief of Finance (in cases involving the Army) or by the Secretary of the Air Force” in provision for collection erroneously paid allotments.
Statutory Notes and Related Subsidiaries
RegulationsPub. L. 104–201, div. A, title VI, § 651(b), Sept. 23, 1996, 110 Stat. 2582, provided that: “The Secretaries of the military departments shall prescribe regulations under subsection (d) of section 701 of title 37, United States Code, as added by subsection (a), not later than October 1, 1997.”
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# 37 U.S.C. § 702 - Repealed. Pub. L. 99–145, title VI, § 683(b)(1), Nov. 8, 1985, 99 Stat. 665]
## Notes
Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484, authorized allotments by officers of Navy and Marine Corps for support of family or relatives, for personal savings, and for other purposes. See section 701 of this title.
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title: "37 U.S.C. § 703"
description: "Allotments: members of Coast Guard"
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---
# 37 U.S.C. § 703 - Allotments: members of Coast Guard
## Text
Members of the Coast Guard may, under regulations prescribed by the Secretary of Homeland Security, make allotments from their pay and allowances.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484; Pub. L. 90–623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70314:464.[None.] The words “members of the Coast Guard” are substituted for the words “officers and enlisted men”, since together they compose the entire membership.
Editorial Notes
Amendments2002—Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”. 1968—Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment 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 1968 AmendmentAmendment 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 an Effective Date of 1968 Amendment note under section 5334 of Title 5, Government Organization and Employees.
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---
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# 37 U.S.C. § 704 - Allotments: officers of Public Health Service
## Text
Commissioned officers of the Public Health Service who are on active duty may, under regulations prescribed by the President, make allotments from their pay.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70442:210(b) (1st sentence).July 1, 1944, ch. 373, § 209(c) (1st sentence), 58 Stat. 686; redesignated as section 208, Feb. 28, 1948, ch. 83, § 5(a), 62 Stat. 40; redesignated as subsection (b), Oct. 12, 1949, ch. 681, § 521(b) (as applicable to section 208(b) (1st sentence) of the Act of July 1, 1944), 63 Stat. 834; restated Aug. 9, 1950, ch. 654, § 1, 64 Stat. 426; Apr. 8, 1960, Pub. L. 86–415, § 5(b) (1st sentence), 74 Stat. 34.
Executive Documents
Delegation of Functions Functions of President under this section delegated to Secretary of Health, Education, and Welfare, see section 3 of Ex. Ord. No. 11140, Jan. 30, 1964 29 F.R. 1637, set out as a note under section 202 of Title 42, The Public Health and Welfare. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education.
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# 37 U.S.C. § 705 - Repealed. Pub. L. 99–145, title VI, § 683(b)(1), Nov. 8, 1985, 99 Stat. 665]
## Notes
Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485, related to assignments of pay due enlisted members of naval service. See section 701 of this title.
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type: "LegalText"
title: "37 U.S.C. § 706"
description: "Allotments: commissioned officers of the National Oceanic and Atmospheric Administration"
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title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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# 37 U.S.C. § 706 - Allotments: commissioned officers of the National Oceanic and Atmospheric Administration
## Text
Under regulations prescribed by the Secretary of Commerce, commissioned officers of the National Oceanic and Atmospheric Administration may make allotments or assignments of their pay.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485; Pub. L. 89–718, § 49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 96–513, title V, § 516(18)(A), (B), Dec. 12, 1980, 94 Stat. 2939.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 70633:862.Mar. 4, 1907, ch. 2918, § 1 (10th par. under “Coast and Geodetic Survey”); restated June 21, 1955, ch. 172, § 1; restated Sept. 26, 1961, Pub. L. 87–304, 75 Stat. 665.
Editorial Notes
Amendments1980—Pub. L. 96–513 substituted “Allotments: commissioned officers of the National Oceanic and Atmospheric Administration” for “Commissioned officers of Environmental Science Services Administration” in section catchline and “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration” in text. 1966—Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in section catchline and text.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment 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.
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# 37 U.S.C. § 707 - Allotments: members of the National Guard
## Text
(a) The Secretary of the Army or the Secretary of the Air Force, as the case may be, may allow a member of the National Guard who is not on active duty to make allotments from his pay under sections 204 and 206 of this title for the payment of premiums under a group life insurance program sponsored by the military department of the State in which such member holds his National Guard membership or by the National Guard association of such State if the State or association concerned has agreed in writing to reimburse the United States for all costs incurred by the United States in providing for such allotments. The amount of such costs and procedures for reimbursements shall be determined by the Secretary of Defense and his determination shall be conclusive. All amounts of reimbursements for such costs received by the United States from a State or an association shall be credited to the appropriations or funds against which charges have been made for such costs.
(b) The United States is not liable for loss or damage suffered by a person as a result of an error made by an officer or employee of the United States in carrying out the allotment program under subsection (a).
(Added Pub. L. 93–289, § 11(a), May 24, 1974, 88 Stat. 172; amended Pub. L. 96–513, title V, § 516(19), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 97–295, § 3(5), Oct. 12, 1982, 96 Stat. 1304; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117.)
## Notes
Historical and Revision Notes 1982 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 707(b)37:707 (note).May 24, 1974, Pub. L. 93–289, § 11(b), 88 Stat. 173. In subsection (b), the words “is not” are substituted for “shall not be” for consistency.
Editorial Notes
Amendments1991—Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”. 1982—Pub. L. 97–295 designated existing provisions as subsec. (a) and added subsec. (b). 1980—Pub. L. 96–513 struck out “(a)” before “The Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment 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.
Liability of United States for Losses or DamagesPub. L. 93–289, § 11(b), May 24, 1974, 88 Stat. 173, which provided that the United States shall not be liable for any losses or damages suffered by any person as the result of any error made by any officer or employee of the United States in administering the allotment program authorized under subsec. (a) of this section, was repealed and reenacted as subsec. (b) of this section by Pub. L. 97–295, §§ 3(5), 6(b), Oct. 12, 1982, 96 Stat. 1304, 1314.
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# 37 U.S.C. § 801 - Repealed. Pub. L. 103–355, title VI, § 6001(a)(1), Oct. 13, 1994, 108 Stat. 3362]
## Notes
Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485; Pub. L. 89–718, §§ 49(a)(1), 68, Nov. 2, 1966, 80 Stat. 1121, 1123; Pub. L. 96–513, title V, § 516(20), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 101–194, title V, § 505(a), Nov. 30, 1989, 103 Stat. 1756; Pub. L. 101–510, div. A, title XIV, § 1484(c)(2), Nov. 5, 1990, 104 Stat. 1716, prohibited payment from any appropriation to officer, for period of three years after name of officer was placed on retired list of Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, Regular Coast Guard, National Oceanic and Atmospheric Administration, or Public Health Service, who was engaged for himself or others in selling, or contracting or negotiating to sell, supplies or war materials to agency of Department of Defense, Coast Guard, National Oceanic and Atmospheric Administration, or Public Health Service.
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title: "37 U.S.C. § 802"
description: "Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs"
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# 37 U.S.C. § 802 - Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs
## Text
A member of the Army, Navy, Air Force, Marine Corps, or Space Force, on active duty who is absent from the member’s regular duties for a continuous period of more than one day because of disease that is directly caused by and immediately follows the member’s intemperate use of alcoholic liquor or habit-forming drugs is not entitled to pay for the period of that absence. However, a member whose pay is forfeited for more than one month is entitled to $5 for personal expenses for each full month that the member’s pay is forfeited. Determinations of periods and causes of absence under this section shall be made as prescribed by the Secretary concerned, and are final.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485; Pub. L. 116–283, div. A, title IX, § 925(i)(1), Jan. 1, 2021, 134 Stat. 3828.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 802 10:3632.[None.]  10:6111.[None.]  10:8632.[None.] The words “Navy . . . or Marine Corps” are substituted for the words “naval service”, in section 6111 of title 10, to conform to the definition of that term in section 5001(a)(3) of title 10. The words “and conclusive” are omitted as surplusage.
Editorial Notes
Amendments2021—Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” and substituted “the member’s” for “his” wherever appearing.
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# 37 U.S.C. § 803 - Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls
## Text
A commissioned officer of the Army, the Air Force, or the Space Force who is dropped from the rolls under section 1161(b) of title 10 for absence without authority for three months forfeits all pay due or to become due.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486; Pub. L. 116–283, div. A, title IX, § 925(i)(2)(A), (B), Jan. 1, 2021, 134 Stat. 3828.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 80310:3633.10:8633.[None.][None.]
Editorial Notes
Amendments2021—Pub. L. 116–283 substituted “Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls” for “Commissioned officers of Army or Air Force: forfeiture of pay when dropped from rolls” in section catchline and “, the Air Force, or the Space Force” for “or the Air Force” in text.
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# 37 U.S.C. § 804 - Repealed. Pub. L. 104–106, div. A, title XI, § 1122(c)(1), Feb. 10, 1996, 110 Stat. 463]
## Notes
Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486, provided that pay and allowances do not accrue to enlisted member of Army or Air Force who is in confinement under sentence of dishonorable discharge, while execution of sentence to discharge is suspended.
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# 37 U.S.C. § 805 - Repealed. Pub. L. 99–145, title VI, § 683(b)(1), Nov. 8, 1985, 99 Stat. 665]
## Notes
Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486, required commanding officer to discourage the sale of pay by members of naval service. See section 701 of this title.
legal/us/code/title-37/chapter-17/section-901.md
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title: "37 U.S.C. § 901"
description: "Wartime pay of officer of armed force exercising command higher than his grade"
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title_number: 37
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# 37 U.S.C. § 901 - Wartime pay of officer of armed force exercising command higher than his grade
## Text
In time of war, an officer of an armed force who is serving with troops operating against an enemy and who exercises, under assignment in orders issued by competent authority, a command above that pertaining to his grade, is entitled to the pay and allowances (not above that of pay grade O–7) appropriate to the command so exercised.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 90137:235a.Apr. 26, 1898, ch. 191, § 7 (less last proviso), 30 Stat. 365. Applicability of the source law to the Air Force is based on Transfer Order No. 25(zzz), of the Secretary of Defense, dated October 14, 1948. Its applicability, other than to the Army and the Air Force, is based upon an opinion of the Judge Advocate General of the Navy, JAG 135: DDC; dmt.; 4229, dated July 29, 1960. The words “(but not above that of pay grade O–7)” are substituted for section 235a (proviso) of existing title 37.
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# 37 U.S.C. § 902 - Pay of crews of wrecked or lost naval vessels
## Text
(a) When the accounts of the disbursing officer of a naval vessel are lost as a result of the destruction of the vessel, his return for the last month may, unless there is official evidence to the contrary, be used in computing later credits to and settling accounts of persons, other than officers, carried on his accounts. If the return for the last month has not been made, the pay accounts may be settled on principles of equity and justice.
(b) When a naval vessel is lost or has not been heard from for so long that her loss may be presumed, the Secretary of the Navy may fix the date of loss of the vessel for the purpose of settling the accounts of persons aboard other than officers.
(c) When the crew of a naval vessel is separated from that vessel because of her wreck, loss, or destruction, the pay and emoluments of those officers and enlisted members that the Secretary considers (because of the sentence of a court-martial or the finding of a court of inquiry, or by other satisfactory evidence) to have done their utmost to save the vessel and, after the wreck, loss, or destruction, to have behaved themselves according to the discipline of the Navy, continue and shall be paid to them until their discharge or death, whichever is earlier.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486; Pub. L. 104–316, title I, § 118, Oct. 19, 1996, 110 Stat. 3836.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 902(a)902(b)902(c)10:6144.10:6145.37:243.[None.][None.]R.S. 1574. In subsections (a) and (c), the words “naval vessel” are substituted for the words “any vessel of the United States”, in section 243 of existing title 37, and the words “vessel in the employ of the United States”, in section 6144 of title 10, for clarity and to conform to subsection (b). In subsection (c), the word “continues” is substituted for the words “go on”. The words “whichever is earlier” are inserted for clarity. The words “or the findings of a” are inserted since a court of inquiry cannot impose a sentence.
Editorial Notes
Amendments1996—Subsec. (b). Pub. L. 104–316 substituted “the Secretary of the Navy may” for “the General Accounting Office, under the direction of the Secretary of the Navy, may”.
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# 37 U.S.C. § 903 - Retired members recalled to active duty; former members
## Text
A retired member or former member of a uniformed service, or a member of the Fleet Reserve or Fleet Marine Corps Reserve, who is serving on active duty is entitled to the pay and allowances to which he is entitled, under this title, for the grade, rank, or rating in which he is serving. In addition, while on active duty, he is entitled to the pay and allowances, while on leave of absence or while sick, of a member of a uniformed service of similar grade, rank, or rating who is entitled to basic pay.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 487.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 90337:314.Oct. 12, 1949, ch. 681, § 514, 63 Stat. 831. The word “rating” is inserted for clarity. The words “is entitled to” are substituted for the words “shall . . . be entitled to receive and have the same . . . rights”. The last 41 words of section 314 of existing title 37 are omitted, since the sections mentioned therein were repealed by section 53(b) of the Act of August 10, 1956, ch. 1041 (70A Stat. 646). The subject of death benefits and entitlement thereto is now covered by chapter 75 of title 10.
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# 37 U.S.C. § 904 - Repealed. Pub. L. 96–513, title IV, § 403(a), Dec. 12, 1980, 94 Stat. 2904]
## Notes
Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 487; Pub. L. 90–130, § 3(2), Nov. 8, 1967, 81 Stat. 383; Pub. L. 90–623, § 3(8), Oct. 22, 1968, 82 Stat. 1315, set forth provisions relating to effective date of beginning of pay and allowances of officers of Navy or Marine Corps promoted under chapter 545 of Title 10, Armed Forces.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Sept. 15, 1981, but with authority to prescribe regulations under the amendment by section 403(a) of Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of Title 10, Armed Forces.
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# 37 U.S.C. § 905 - Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances
## Text
(a) A reserve officer who is promoted under chapter 1405 of title 10 to a grade above lieutenant (junior grade) in the Navy Reserve or above first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the grade to which promoted for duty performed from the date on which he becomes eligible for promotion to that grade.
(b) A reserve officer who is promoted under section 14308(b) of title 10 to the grade of lieutenant (junior grade) in the Navy Reserve or first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the higher grade for duty performed from the date given him as his date of rank.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 488; Pub. L. 95–377, § 9, Sept. 19, 1978, 92 Stat. 721; Pub. L. 96–513, title IV, § 403(b), Dec. 12, 1980, 94 Stat. 2904; Pub. L. 103–337, div. A, title XVI, § 1676(b)(3), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 109–163, div. A, title V, § 515(d)(1)(F), Jan. 6, 2006, 119 Stat. 3236.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 905(a)10:6141.[None.] 905(b)10:5907.[None.] 905(c)10:5908(a) (last sentence).[None.] 905(d)10:5788(c).[None.] 905(e)10:5787b(c).[None.] 905(f)10:5505(c).[None.] 905(g)10:5597(h) (last sentence).[None.]  10:5597(i) (last 21 words).[None.] 905(h)10:5787(g) (last 21 words).[None.]  10:5787(h) (last sentence).[None.]
Editorial Notes
Amendments2006—Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in two places. 1994—Subsec. (a). Pub. L. 103–337, § 1676(b)(3)(A), substituted “chapter 1405” for “chapter 549”. Subsec. (b). Pub. L. 103–337, § 1676(b)(3)(B), substituted “section 14308(b)” for “section 5908”. 1980—Pub. L. 96–513 substituted “Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances” for “Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allowances” in section catchline, and generally revised and restructured section, and as part of such restructuring struck out former subsec. (a), redesignated former subsecs. (b) and (c) as subsecs. (a) and (b), respectively, and, in subsec. (a) as so redesignated, struck out second sentence which related to establishment of an officer’s professional and moral qualifications, and struck out former subsecs. (d) to (h). 1978—Subsec. (h). Pub. L. 95–377 inserted reference to section 5787d.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment 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 1980 AmendmentAmendment 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.
Transition Provisions Under Defense Officer Personnel Management ActFor 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.
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# 37 U.S.C. § 906 - Extension of enlistment: effect on pay and allowances
## Text
A member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, who extends his enlistment under section 509 of title 10 is entitled to the same pay and allowances as though he had reenlisted. For the purposes of determining entitlement to reenlistment bonus or to travel and transportation allowances upon discharge, all such extensions of an enlistment are considered one continuous extension.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 90–235, § 2(c), Jan. 2, 1968, 81 Stat. 757; Pub. L. 116–283, div. A, title IX, § 925(j), Jan. 1, 2021, 134 Stat. 3829.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 906(a)10:3263(b).[None.]  10:8263(b).[None.] 906(b)10:5539(b).[None.] In subsection (a), the words “who extends his enlistment” are substituted for the words “While serving under an enlistment extended”. The words “same pay and allowances as though he had reenlisted” are substituted for the last 31 words of section 3263(b) of title 10 and the last 31 words of section 8263(b) of title 10.
Editorial Notes
Amendments2021—Pub. L. 116–283 inserted “Space Force,” after “Marine Corps,”. 1968—Pub. L. 90–235 struck out provisions formerly set out as subsec. (a) which provided that a member of the Army or Air Force who had extended his enlistment was entitled to the same pay as though he had reenlisted, redesignated as entire section provisions formerly set out as subsec. (b) and substituted “Army, Navy, Air Force, Marine Corps, or Coast Guard” for “Regular Navy or the Regular Marine Corps” and “section 509 of title 10” for “section 5539 of title 10”.
Statutory Notes and Related Subsidiaries
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.
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# 37 U.S.C. § 907 - Enlisted members and warrant officers appointed as officers: pay and allowances stabilized
## Text
(a) An enlisted member who accepts an appointment as an officer shall, for service as an officer, be paid the greater of—
(1) the pay and allowances to which the officer is entitled as an officer; or
(2) the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer.
(b) A warrant officer who accepts an appointment as a commissioned officer in a pay grade above W–4 shall, for service as such a commissioned officer, be paid the greater of—
(1) the pay and allowances to which the officer is entitled as such a commissioned officer;
(2) the pay and allowances to which the officer would be entitled if the officer were in the last warrant officer grade the officer held before the appointment as such a commissioned officer; or
(3) in the case of an officer who was formerly an enlisted member, the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer.
(c) For the purposes of this section—
(1) the pay and allowances of a grade formerly held by an officer include—
(A) subject to subsection (d), special and incentive pays under chapter 5 of this title; and
(B) subject to subsection (e), allowances under chapter 7 of this title; and
(2) the rates of pay and allowances of a grade which an officer formerly held are those to which the officer would have been entitled had the officer remained in that grade and continued to receive the increases in pay and allowances authorized for that grade, as otherwise provided in this title.
(d) (1) In determining the amount of the pay and allowances of a grade formerly held by an officer, the following special and incentive pays may be considered only so long as the officer continues to perform the duty that creates the entitlement to, or eligibility for, that pay and would otherwise be eligible to receive that pay in the former grade:
(A) Incentive pay for hazardous duty under section 301 or 351 of this title.
(B) Submarine duty incentive pay under section 301c or 352 of this title.
(C) Special pay for diving duty under section 304 or 353(a) of this title.
(D) Hardship duty pay under section 305 or 352 of this title.
(E) Career sea pay under section 305a or 352 of this title.
(F) Special pay for service as a member of a Weapons of Mass Destruction Civil Support Team under section 305b or 352 of this title.
(G) Assignment incentive pay under section 307a or 352 of this title.
(H) Special pay for duty subject to hostile fire or imminent danger under section 310 or 351 of this title.
(I) Special pay or bonus for an extension of duty at a designated overseas location under section 314 or 352 of this title.
(J) Foreign language proficiency pay under section 353(b) of this title.
(K) Critical skill retention bonus under section section 11 So in original. 355 of this title.
(2) The following special and incentive pays are dependent on a member being in an enlisted status and may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer:
(A) Special duty assignment pay under section 307 or 352 of this title.
(B) Reenlistment bonus under section 331 of this title.
(C) Enlistment bonus under section 331 of this title.
(D) Career enlisted flyer incentive pay under section 320 or 353 of this title.
(e) The clothing allowance under section 418 of this title may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer if the officer is entitled to a uniform allowance under section 415 of this title.
(Added Pub. L. 91–484, § 1(1), Oct. 21, 1970, 84 Stat. 1083; amended Pub. L. 96–343, § 6(a)(1), Sept. 8, 1980, 94 Stat. 1126; 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(d), Nov. 18, 1997, 111 Stat. 1790; Pub. L. 105–261, div. A, title VI, § 617(b), Oct. 17, 1998, 112 Stat. 2041; Pub. L. 109–163, div. A, title VI, § 686(a), (b), Jan. 6, 2006, 119 Stat. 3325, 3326; Pub. L. 114–328, div. A, title VI, § 618(h)(4), Dec. 23, 2016, 130 Stat. 2161; Pub. L. 115–91, div. A, title VI, § 618(h), Dec. 12, 2017, 131 Stat. 1427.)
## Notes
Editorial Notes
Amendments2017—Subsec. (d)(1)(A). Pub. L. 115–91, § 618(h)(1)(A), inserted “or 351” after “section 301”. Subsec. (d)(1)(B). Pub. L. 115–91, § 618(h)(1)(B), inserted “or 352” after “section 301c”. Subsec. (d)(1)(C). Pub. L. 115–91, § 618(h)(1)(C), inserted “or 353(a)” after “section 304”. Subsec. (d)(1)(D). Pub. L. 115–91, § 618(h)(1)(D), inserted “or 352” after “section 305”. Subsec. (d)(1)(E). Pub. L. 115–91, § 618(h)(1)(E), inserted “or 352” after “section 305a”. Subsec. (d)(1)(F). Pub. L. 115–91, § 618(h)(1)(F), inserted “or 352” after “section 305b”. Subsec. (d)(1)(G). Pub. L. 115–91, § 618(h)(1)(G), inserted “or 352” after “section 307a”. Subsec. (d)(1)(I). Pub. L. 115–91, § 618(h)(1)(H), inserted “or 352” after “section 314”. Subsec. (d)(1)(J). Pub. L. 115–91, § 618(h)(1)(I), substituted “353(b)” for “316”. Subsec. (d)(1)(K). Pub. L. 115–91, § 618(h)(1)(J), substituted “section 355” for “323”. Subsec. (d)(2)(A). Pub. L. 115–91, § 618(h)(2)(A), inserted “or 352” after “section 307”. Subsec. (d)(2)(B). Pub. L. 115–91, § 618(h)(2)(B), substituted “331” for “308”. Subsec. (d)(2)(C). Pub. L. 115–91, § 618(h)(2)(C), substituted “331” for “309”. Subsec. (d)(2)(D). Pub. L. 115–91, § 618(h)(2)(D), inserted “or 353” after “section 320”. 2016—Subsec. (d)(1)(H). Pub. L. 114–328 inserted “or 351” after “section 310”. 2006—Subsecs. (a), (b). Pub. L. 109–163, § 686(b)(1), substituted “the officer” for “he” wherever appearing and “the appointment” for “his appointment” wherever appearing. Subsec. (c)(2). Pub. L. 109–163, § 686(b)(2), substituted “the officer remained” for “he remained”. Subsec. (d). Pub. L. 109–163, § 686(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In determining the amount of the pay and allowances of a grade formerly held by an officer, incentive pay for hazardous duty under section 301 of this title, special pay for diving duty under section 304 of this title, for hardship duty under section 305 of this title, and for sea duty under section 305a of this title, and proficiency pay under section 307 of this title may be considered only so long as the officer continues to perform the duty creating the entitlement to or eligibility for that pay and would otherwise be eligible to receive that pay in his former grade.” 1998—Subsec. (d). Pub. L. 105–261 substituted “hardship duty” for “duty at a hardship duty location”. 1997—Subsec. (d). Pub. L. 105–85 substituted “duty at a hardship duty location” for “duty at certain places”. 1991—Subsec. (c)(1). Pub. L. 102–25 struck out “of this section” after “subsection (d)” in subpar. (A) and after “subsection (e)” in subpar. (B). 1980—Pub. L. 96–343 substituted “and warrant officers appointed as officers:” for “appointed as officers;” in section catchline, and, in generally revising section, struck out provision for temporary appointment of enlisted members as officers, provided for pay and allowances for warrant officers who accept appointment as commissioned officers, and specified what pay and allowances include and what rates and allowances of a grade which an officer formerly held are for purposes of this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentPub. L. 109–163, div. A, title VI, § 686(c), Jan. 6, 2006, 119 Stat. 3326, provided that: “Subsection (d) of section 907 of title 37, United States Code, as amended by subsection (a), shall apply with respect to any acceptance by an enlisted member of the Armed Forces of an appointment as an officer made on or after the date of the enactment of this Act [Jan. 6, 2006].”
Effective Date of 1980 AmendmentPub. L. 96–343, § 6(c), Sept. 8, 1980, 94 Stat. 1127, provided that: “The amendments made by this section [amending this section and section 203 of this title] shall be effective with respect to periods for which pay and allowances are payable which begin after August 31, 1980.”
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# 37 U.S.C. § 908 - Reserves and retired members: acceptance of employment, payments, and awards from foreign governments
## Text
(a) Congressional Consent.— Subject to subsections (b) and (c), Congress consents to the following persons accepting civil employment (and compensation for that employment), accepting payment for speeches, travel, meals, lodging, or registration fees, or accepting a non-cash award, for which the consent of Congress is required by the last paragraph of section 9 of article I of the Constitution, related to acceptance of emoluments, offices, or titles from a foreign government:
(1) Retired members of the uniformed services.
(2) Members of a reserve component of the armed forces and members of the Space Force in space force active status not on sustained duty, except members serving on active duty under a call or order to active duty for a period in excess of 30 days.
(3) Members of the Commissioned Reserve Corps 11 See Change of Name note below. of the Public Health Service.
(b) Approval Required for Employment and Compensation.— (1) A person described in subsection (a) may accept employment or compensation described in that subsection only if the Secretary concerned and the Secretary of State approve the employment after determining that such approval is not contrary to the national interests of the United States.
(2) The Secretary of a military department may delegate the determination of the Secretary required by paragraph (1) only to an official of the military department at or above the level of an Assistant Secretary or, in the event of a vacancy in the position of such an official, a civilian official performing the duties of that position.
(c) Approval Required for Certain Payments and Awards.— A person described in subsection (a) may accept payment for speeches, travel, meals, lodging, or registration fees described in that subsection, or accept a non-cash award described in that subsection, only if the Secretary concerned approves the payment or award.
(d) Annual Reports on Approvals for Retired General and Flag Officers.— (1) Not later than January 31 each year, the Secretaries of the military departments, after consulting with the Secretary of State, shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report on each approval under subsection (b) for employment or compensation described in subsection (a), and each approval under subsection (c) for a payment or award described in subsection (a), for a retired member of the armed forces in general or flag officer grade that was issued during the preceding year.
(2) The report under paragraph (1) on an approval described in that paragraph with respect to a person shall set forth the following:
(A) The foreign government providing the employment or compensation or payment or award.
(B) A description of the duties, if any, the person is to perform and the compensation the person is to receive for such duties, as reflected in the person’s application for approval of the employment or compensation or payment or award.
(C) The position the person held or holds in the armed forces, including the rank of the person and the armed force in which the person served.
(D) Any other information the Secretaries of the military departments consider relevant, except that such information may not include the person’s date of birth, Social Security number, home address, phone number, or any other personal identifier other than the name and rank of the person and the armed force in which the person served.
(3) Not later than 60 days after the date on which a report required by paragraph (1) is submitted, the Secretaries of the military departments shall make the report, and all contents of the report, available on a publicly accessible internet website.
(e) Military Service in Foreign Armed Forces.— For a provision of law providing the consent of Congress to service in the military forces of certain foreign nations, see section 1060 of title 10.
(f) Prohibition on Former Members of Armed Forces Accepting Employment With Certain Foreign Governments.— For a provision of law prohibiting former members of the armed forces from accepting post-service employment with certain foreign governments, see section 989 of title 10.
(Added Pub. L. 97–295, § 3(6)(A), Oct. 12, 1982, 96 Stat. 1304; amended Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–160, div. A, title XIV, § 1433(c), Nov. 30, 1993, 107 Stat. 1834; Pub. L. 103–337, div. A, title X, § 1070(d)(6), Oct. 5, 1994, 108 Stat. 2858; Pub. L. 116–92, div. A, title VI, § 651(a), Dec. 20, 2019, 133 Stat. 1431; Pub. L. 116–283, div. A, title VI, § 641(a)–(c)(1), Jan. 1, 2021, 134 Stat. 3683; Pub. L. 118–31, div. A, title V, §§ 523(c), 525, Dec. 22, 2023, 137 Stat. 252, 254; Pub. L. 119–60, div. A, title VI, § 601(g)(1), Dec. 18, 2025, 139 Stat. 905.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 90837:801 (note).Aug. 17, 1977, Pub. L. 95–105, § 509(a)–(c), 91 Stat. 859. In subsection (a), the words “for which” are substituted for “with respect to which” for clarity. The text of section 509(c) of the Act of August 17, 1977, is omitted as unnecessary because of the definitions in 37:101.
Editorial Notes
Amendments2025—Subsec. (a)(2). Pub. L. 119–60 inserted “and members of the Space Force in space force active status not on sustained duty” after “of the armed forces”. 2023—Subsec. (b). Pub. L. 118–31, § 525(1), designated existing provisions as par. (1), inserted “after determining that such approval is not contrary to the national interests of the United States” after “approve the employment”, and added par. (2). Subsec. (d)(2). Pub. L. 118–31, § 525(2)(A)(i), substituted “a person” for “an officer” in introductory provisions. Subsec. (d)(2)(B) to (D). Pub. L. 118–31, § 525(2)(A)(ii), added subpars. (B) to (D) and struck out former subpars. (B) and (C) which read as follows: “(B) The duties, if any, to be performed in connection with the employment or compensation or payment or award. “(C) The total amount of compensation, if any, or payment to be provided.” Subsec. (d)(3). Pub. L. 118–31, § 525(2)(B), added par. (3). Subsec. (f). Pub. L. 118–31, § 523(c), added subsec. (f). 2021—Pub. L. 116–283, § 641(c)(1), amended section catchline generally, substituting “Reserves and retired members: acceptance of employment, payments, and awards from foreign governments” for “Employment of reserves and retired members by foreign governments”. Subsec. (a). Pub. L. 116–283, § 641(a)(1)(A), in introductory provisions, substituted “subsections (b) and (c)” for “subsection (b)” and inserted “, accepting payment for speeches, travel, meals, lodging, or registration fees, or accepting a non-cash award,” after “that employment)”. Subsec. (a)(2). Pub. L. 116–283, § 641(a)(1)(B), substituted “armed forces, except members serving on active duty under a call or order to active duty for a period in excess of 30 days” for “armed forces”. Subsec. (b). Pub. L. 116–283, § 641(a)(2), inserted “for Employment and Compensation” after “Approval Required” in heading. Subsec. (c). Pub. L. 116–283, § 641(a)(4), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 116–283, § 641(a)(3), (b), redesignated subsec. (c) as (d), designated existing provisions as par. (1), inserted “, and each approval under subsection (c) for a payment or award described in subsection (a),” after “in subsection (a)”, and added par. (2). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 116–283, § 641(a)(3), redesignated subsec. (d) as (e). 2019—Subsecs. (c), (d). Pub. L. 116–92, § 651(a), added subsec. (c) and redesignated former subsec. (c) as (d). 1994—Subsec. (c). Pub. L. 103–337 substituted “1060” for “1058”. 1993—Pub. L. 103–160 inserted headings in subsecs. (a) and (b) and added subsec. (c). 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)”.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Scope of First ReportPub. L. 116–92, div. A, title VI, § 651(b), Dec. 20, 2019, 133 Stat. 1431, provided that: “The first report submitted pursuant to subsection (c) of section 908 of title 37, United States Code (as amended by subsection (a) of this section), after the date of the enactment of this Act [Dec. 20, 2019] shall cover the five-year period ending with the year before the year in which such report is submitted.”
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# 37 U.S.C. § 909 - Special and incentive pay: payment at unreduced rates during suspension of personnel laws
## Text
(a) Authority To Continue Payment at Unreduced Rates.— To ensure fairness and recognize the contributions of members of the armed forces to military essential missions, the Secretary of the military department concerned may authorize members who are involuntarily retained on active duty under section 123 or 12305 of title 10 or any other provision of law and who, immediately before retention on active duty, were entitled or eligible for special pay or incentive pay under chapter 5 of this title, to receive that special pay or incentive pay for qualifying service performed during the retention period, without a reduction in the payment rate below the rate the members received immediately before retention on active duty, notwithstanding any requirement otherwise applicable to that special pay or incentive pay that would reduce the payment rate by reason of the years of service of the members.
(b) Suspension During Time of War.— Subsection (a) does not apply with respect to a special pay or incentive pay under chapter 5 of this title, whenever the authority to provide that special pay or incentive pay is suspended by the President or the Secretary of Defense during a time of war.
(c) Qualifying Service Defined.— In this section, the term “qualifying service” means service for which a particular special pay or incentive pay is payable under the authority of a provision of chapter 5 of this title.
(Added Pub. L. 107–107, div. A, title VI, § 623(a)(1), Dec. 28, 2001, 115 Stat. 1142.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 107–107, div. A, title VI, § 623(b), Dec. 28, 2001, 115 Stat. 1143, provided that: “Section 909 of title 37, United States Code, as added by subsection (a)(1), shall apply with respect to pay periods beginning after September 11, 2001.”
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# 37 U.S.C. § 910 - Replacement of lost income: involuntarily mobilized reserve component members and members of the Space Force subject to extended and frequent active duty service
## Text
(a) Payment Required.— The Secretary concerned shall pay to an eligible member of a reserve component of the armed forces or of the Space Force an amount equal to the monthly active-duty income differential of the member, as determined by the Secretary, when the total monthly military compensation of the member is less than the average monthly civilian income of the member. The payments shall be made on a monthly basis.
(b) Eligibility.— (1) A member of a reserve component or the Space Force is entitled to a payment under this section for any full month of active duty of the member, when the total monthly military compensation of the member is less than the average monthly civilian income of the member, while the member is on active duty under an involuntary mobilization order, following the date on which the member—
(A) completes 547 continuous days of service on active duty under an involuntary mobilization order;
(B) completes 730 cumulative days on active duty under an involuntary mobilization order during the previous 1,826 days; or
(C) is involuntarily mobilized for service on active duty for a period of 180 days or more within 180 days after the date of the member’s separation from a previous period of active duty for a period of 180 days or more.
(2) The entitlement of a member of a reserve component or the Space Force to a payment under this section also shall commence or, if previously commenced under paragraph (1), shall continue if the member—
(A) satisfies the required number of days on active duty specified in subparagraph (A) or (B) of paragraph (1) or was involuntarily mobilized as provided in subparagraph (C) of such paragraph; and
(B) is retained on active duty under subparagraph (A) or (B) of section 12301(h)(1) of title 10 because of an injury or illness incurred or aggravated while the member was 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.
(3) A civilian employee of the Federal Government who is also a member of a reserve component or the Space Force is not entitled to a payment under this section for any period for which the employee is entitled to—
(A) a differential payment under section 5538 of title 5; or
(B) a comparable benefit under an administratively established program for civilian employees absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services.
(c) Minimum and Maximum Payment Amounts.— (1) A payment under this section shall be made to a member for a month only if the amount of the monthly active-duty income differential for the month is greater than $50.
(2) Notwithstanding the amount determined under subsection (d) for a member for a month, the monthly payment to a member under this section may not exceed $3,000.
(d) Monthly Active-Duty Income Differential.— For purposes of this section, the monthly active-duty income differential of a member is the difference between—
(1) the average monthly civilian income of the member; and
(2) the member’s total monthly military compensation.
(e) Definitions.— In this section:
(1) The term “average monthly civilian income”, with respect to a member of a reserve component or the Space Force, means the amount, determined by the Secretary concerned, of the earned income of the member for either the 12 months preceding the member’s mobilization or the 12 months covered by the member’s most recent Federal income tax filing, divided by 12.
(2) The term “total monthly military compensation” means the amount, computed on a monthly basis, of the sum of—
(A) the amount of the regular military compensation (RMC) of the member; and
(B) any amount of special pay or incentive pay and any allowance (other than an allowance included in regular military compensation) that is paid to the member on a monthly basis.
(f) Regulations.— This section shall be administered under regulations to be prescribed by the Secretary of Defense.
(g) Termination.— No payment shall be made to a member under this section for months beginning after December 31, 2026, unless the entitlement of the member to payments under this section commenced on or before that date.
(Added Pub. L. 109–163, div. A, title VI, § 614(a), Jan. 6, 2006, 119 Stat. 3292; amended Pub. L. 110–181, div. A, title VI, § 604, Jan. 28, 2008, 122 Stat. 145; Pub. L. 110–417, [div. A], title VI, § 605, Oct. 14, 2008, 122 Stat. 4483; Pub. L. 111–84, div. A, title VI, § 611(7), Oct. 28, 2009, 123 Stat. 2352; Pub. L. 111–383, div. A, title VI, §§ 601(a), 611(7), Jan. 7, 2011, 124 Stat. 4235, 4236; Pub. L. 112–81, div. A, title VI, § 611(7), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 611(8), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 611(8), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 611(8), Dec. 19, 2014, 128 Stat. 3399; Pub. L. 114–92, div. A, title VI, § 611(8), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §§ 611(8), 618(h)(5), Dec. 23, 2016, 130 Stat. 2157, 2161; Pub. L. 115–91, div. A, title VI, § 611(8), Dec. 12, 2017, 131 Stat. 1421; Pub. L. 115–232, div. A, title VI, § 611(a), Aug. 13, 2018, 132 Stat. 1796; Pub. L. 116–92, div. A, title VI, § 611(a), Dec. 20, 2019, 133 Stat. 1425; Pub. L. 116–283, div. A, title VI, § 611(a), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, § 611(a), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, § 601(a), Dec. 23, 2022, 136 Stat. 2619; Pub. L. 118–31, div. A, title VI, § 613(a), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118–159, div. A, title VI, § 611(a), Dec. 23, 2024, 138 Stat. 1932; Pub. L. 119–60, div. A, title VI, §§ 601(g)(2), 611(a), Dec. 18, 2025, 139 Stat. 905, 906.)
## Notes
Editorial Notes
Amendments2025—Pub. L. 119–60, § 601(g)(2)(A), inserted “and members of the Space Force” after “reserve component members” in section catchline. Catchline text was editorially conformed to the style used in this title. Subsec. (a). Pub. L. 119–60, § 601(g)(2)(B), inserted “or of the Space Force” after “of the armed forces”. Subsec. (b)(1) to (3). Pub. L. 119–60, § 601(g)(2)(C), inserted “or the Space Force” after “a reserve component” in introductory provisions. Subsec. (e)(1). Pub. L. 119–60, § 601(g)(2)(C), inserted “or the Space Force” after “a reserve component”. Subsec. (g). Pub. L. 119–60, § 611(a), substituted “December 31, 2026” for “December 31, 2025”. 2024—Subsec. (g). Pub. L. 118–159 substituted “December 31, 2025” for “December 31, 2024”. 2023—Subsec. (g). Pub. L. 118–31 substituted “December 31, 2024” for “December 31, 2023”. 2022—Subsec. (g). Pub. L. 117–263 substituted “December 31, 2023” for “December 31, 2022”. 2021—Subsec. (g). Pub. L. 117–81 substituted “December 31, 2022” for “December 31, 2021”. Pub. L. 116–283 substituted “December 31, 2021” for “December 31, 2020”. 2019—Subsec. (g). Pub. L. 116–92 substituted “December 31, 2020” for “December 31, 2019”. 2018—Subsec. (g). Pub. L. 115–232 substituted “December 31, 2019” for “December 31, 2018”. 2017—Subsec. (g). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (b)(2)(B). Pub. L. 114–328, § 618(h)(5), inserted “, or paragraph (1) or (3) of section 351(a),” after “section 310”. Subsec. (g). Pub. L. 114–328, § 611(8), 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. (b)(3). Pub. L. 111–383, § 601(a), added par. (3). Subsec. (g). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111–383, § 611(7), 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. (a). Pub. L. 110–181, § 604(a), inserted before period at end of first sentence “, when the total monthly military compensation of the member is less than the average monthly civilian income of the member”. Subsec. (b). Pub. L. 110–181, § 604(b), amended subsec. (b) generally. Prior to amendment, text read as follows: “Subject to subsection (c), a reserve component member is entitled to a payment under this section for any full month of active duty of the member, while on active duty under an involuntary mobilization order, following the date on which the member— “(1) completes 18 continuous months of service on active duty under such an order; “(2) completes 24 months on active duty during the previous 60 months under such an order; or “(3) is involuntarily mobilized for service on active duty for a period of 180 days or more within six months or less following the member’s separation from a previous period of involuntary active duty for a period of 180 days or more.” Subsec. (g). Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110–181, § 604(c), amended subsec. (g) generally. Prior to amendment, text read as follows: “No payment shall be made under this section after December 31, 2008.”
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentPub. L. 111–383, div. A, title VI, § 601(b), Jan. 7, 2011, 124 Stat. 4235, provided that: “Subsection (b)(3) of section 910 of title 37, United States Code, as added by subsection (a), shall apply with respect to payments under such section for months beginning on or after the date of the enactment of this Act [Jan. 7, 2011].”
Effective DatePub. L. 109–163, div. A, title VI, § 614(c), Jan. 6, 2006, 119 Stat. 3293, provided that: “Section 910 of title 37, United States Code, as added by subsection (a), may apply only with respect to months beginning after the end of the 180-day period beginning on the date of the enactment of this Act [Jan. 6, 2006].”
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# 37 U.S.C. § 1001 - Regulations relating to pay and allowances
## Text
(a) A Secretary of a military department may not prescribe a regulation under this title or any other law, relating to the pay and allowances of members of an armed force under that department, unless it has been approved under procedures prescribed by the Secretary of Defense.
(b) Regulations of the Secretary concerned relating to pay and allowances matters, similar to those covered by subsection (a), for members of the Coast Guard, the National Oceanic and Atmospheric Administration, and the Public Health Service, shall, as far as practicable, conform to regulations approved under that subsection.
(c) The Secretary of Defense, the Secretary of Homeland Security, the Secretary of Commerce, or the Secretary of Health and Human Services, may obtain from the Comptroller General an advisory opinion with respect to a proposed regulation especially affecting a department under that Secretary’s jurisdiction.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 89–718, §§ 49(a)(1), 69, Nov. 2, 1966, 80 Stat. 1121, 1123; Pub. L. 90–623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–513, title V, § 516(22), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1001(a)1001(b)1001(c)37:324 (1st sentence).37:324 (2d sentence).37:324 (less 1st and 2d sentences).Oct. 12, 1949, ch. 681, § 534; added Sept. 2, 1957, Pub. L. 85–272, § 4, 71 Stat. 597. In subsection (a), the words “within the Department of Defense” are omitted as surplusage. The words “members of the armed forces” are substituted for the words “military personnel”. In subsection (b), the words “conform to” are substituted for the words “agree with”. In subsection (c), the words “or departments” are omitted, since, under section 1 of title 1, words importing the singular include and apply to several persons, parties, or things.
Editorial Notes
Amendments2002—Subsec. (c). Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”. 1991—Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”. 1980—Subsec. (b). Pub. L. 96–513, § 516(22)(A), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”. Subsec. (c). Pub. L. 96–513, § 516(22)(B), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”. 1968—Subsec. (c). Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”. 1966—Subsec. (b). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”, and inserted “and allowances” between “pay” and “matters”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment 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 1980 AmendmentAmendment 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 1968 AmendmentAmendment 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.
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.
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---
type: "LegalText"
title: "37 U.S.C. § 1002"
description: "Additional training or duty without pay: Reserves; members of the National Guard; members of the Space Force"
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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# 37 U.S.C. § 1002 - Additional training or duty without pay: Reserves; members of the National Guard; members of the Space Force
## Text
(a) A member of a reserve component of a uniformed service, or of the Space Force may, with the consent of the member, be given additional training or other duty as provided by law, without pay, as may be authorized by the Secretary concerned.
(b) (1) A member who performs training or other duty without pay under subsection (a) may, in the discretion of the Secretary concerned, be authorized the travel and transportation allowances prescribed by section 452 of this title for travel performed to and from that training or duty, and, during the performance of that training or duty, be furnished with subsistence and quarters in kind or commutation thereof at a rate to be fixed by the Secretary concerned.
(2) If a military technician (dual status), as described in section 10216 of title 10, is performing active duty without pay while on leave from technician employment, as authorized by section 6323(d) of title 5, the Secretary concerned may authorize the payment of a per diem allowance to the military technician in lieu of commutation for subsistence and quarters under paragraph (1).
(c) This section does not authorize compensation for work or study performed by a member of a reserve component or the Space Force in connection with correspondence courses of an armed force.
(d) This section does not apply to a member who is entitled to basic pay under chapter 3 of this title.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106–65, div. A, title VI, § 672(a), Oct. 5, 1999, 113 Stat. 674; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(h)(7), Dec. 23, 2022, 136 Stat. 2630; Pub. L. 119–60, div. A, title VI, § 601(h), Dec. 18, 2025, 139 Stat. 905.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1002(a) 1002(b) 1002(c) 1002(d)37:301(b) (1st sentence, less last 75 words).37:301(b) (last 75 words of 1st sentence).37:301(b) (less 1st sentence).37:301(e) (as applicable to duty without pay).Oct. 12, 1949, ch. 681, § 501(b), (e) (as applicable to duty without pay), 63 Stat. 826, 827; Aug. 10, 1956, ch. 1041, § 20(f), 70A Stat. 629; June 30, 1960, Pub. L. 86–559, § 8, 74 Stat. 282; Aug. 25, 1961, Pub. L. 87–164, 75 Stat. 401. In subsection (a), the words “A member of the National Guard, or of a reserve component” are substituted for the enumeration of those reserve categories to conform to other sections of this revised title. In subsection (b), the words “section 404(a)–(d), and (f), of this title” are substituted for the words “section 253(a) of this title” to reflect the section of this revised title which restates that section. Subsection (d) is substituted for section 301(e) of existing title 37.
Editorial Notes
Amendments2025—Pub. L. 119–60, § 601(h)(1), substituted “; members of the National Guard; members of the Space Force” for “and members of National Guard” in section catchline. Catchline text was editorially conformed to the style used in this title. Subsec. (a). Pub. L. 119–60, § 601(h)(2), substituted “of a reserve component of a uniformed service, or of the Space Force” for “of the National Guard, or of a reserve component of a uniformed service,” and “the consent of the member” for “his consent”. Subsec. (c). Pub. L. 119–60, § 601(h)(3), inserted “or the Space Force” after “of a reserve component”. 2022—Subsec. (b)(1). Pub. L. 117–263 substituted “section 452” for “section 474(a)–(d), and (f),”. 2013—Subsec. (b)(1). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (b)(1). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “474” for “404”. 1999—Subsec. (b). Pub. L. 106–65 designated existing provisions as par. (1) and added par. (2). 1991—Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 AmendmentPub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
Effective Date of 1999 AmendmentPub. L. 106–65, div. A, title VI, § 672(c), Oct. 5, 1999, 113 Stat. 674, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of February 10, 1996, as if included in section 1039 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 432 [amending section 6323 of Title 5, Government Organization and Employees]).”
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title: "37 U.S.C. § 1003"
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# 37 U.S.C. § 1003 - Assimilation of pay and allowances
## Text
Chapters 3 and 5 and sections 402 through 403b, 405, 414, 452, and 453 of this title apply equally to persons who are not serving as members of a uniformed service but whose pay or allowances, or both, are assimilated under law or a regulation prescribed under law, to the pay or allowances, or both, of commissioned officers, warrant officers, or enlisted members of any grade, rank, or rating in any uniformed service.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(h)(8), Dec. 23, 2022, 136 Stat. 2630.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 100337:309.Oct. 12, 1949, ch. 681, § 509; restated May 19, 1952, ch. 310, § 3, 66 Stat. 80.
Editorial Notes
Amendments2022—Pub. L. 117–263 substituted “sections 402 through 403b, 405, 414, 452, and 453” for “sections 402–403b, 474–477, 479–481, and 414”. 2013—Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “402–403b, 474–477” for “402–407” and “479–481” for “409–411”.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 AmendmentPub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
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type: "LegalText"
title: "37 U.S.C. § 1004"
description: "Computation of pay and allowances for month or part of month"
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title_number: 37
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# 37 U.S.C. § 1004 - Computation of pay and allowances for month or part of month
## Text
A member of a uniformed service who is entitled to pay and allowances under this title for a continuous period of less than one month is entitled to his pay and allowances for each day of that period at the rate of 1⁄30 of the monthly amount of his pay and allowances. The thirty-first day of a calendar month may not be excluded from a computation under this section.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 100437:310.Oct. 12, 1949, ch. 681, § 510, 63 Stat. 828.
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type: "LegalText"
title: "37 U.S.C. § 1005"
description: "Army, Air Force, and Space Force: prompt payments required"
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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# 37 U.S.C. § 1005 - Army, Air Force, and Space Force: prompt payments required
## Text
Members of the Army, the Air Force, and the Space Force shall be paid at such times that arrears will at no time be more than two months, unless circumstances make further arrears unavoidable.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 116–283, div. A, title IX, § 925(k)(1)(A), (B), Jan. 1, 2021, 134 Stat. 3829.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 100537:310b.R.S. 1189. The applicability of this section to members of the Air Force is based on Department of Defense Transfer Order No. 25, dated October 14, 1948.
Editorial Notes
Amendments2021—Pub. L. 116–283 substituted “Army, Air Force, and Space Force: prompt payments required” for “Army and Air Force: prompt payments required” in section catchline and “, the Air Force, and the Space Force” for “and of the Air Force” in text.
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---
# 37 U.S.C. § 1006 - Advance payments
## Text
(a) Under regulations prescribed by the Secretary concerned, a member of a uniformed service may be paid in advance—
(1) not more than three months’ pay of such member upon such member’s change of permanent station; or
(2) the amount of an allotment made from such member’s pay to a dependent if such member is assigned or scheduled for assignment to sea duty or other duty with a unit or command deployed or to be deployed outside the United States and the allotment is made by such member not more than sixty days before the scheduled date of the assignment of such member to such duty.
(b) Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is on duty at a distant station where the pay and emoluments to which he is entitled cannot be disbursed regularly, may be paid in advance.
(c) Under regulations prescribed by the Secretary concerned, an advance of pay to a member of a uniformed service who is on duty outside the United States, or other place designated by the Secretary of Defense, of not more than two months’ basic pay may be made to a member if the member or the dependents of the member are ordered evacuated by competent authority. An advance of pay under this subsection is not subject to the conditions under which advances of pay may be made under subsection (a) or (b). An advance may be made on the basis of the evacuation of a member’s dependents only if all dependents of members of the uniformed services are ordered evacuated from the place where the member’s dependents are located. In the case of a member with dependents, the payment may be made directly to dependents previously designated by the member. The Secretary concerned or his designee may waive any right of recovery of not more than one month’s basic pay advanced under this subsection if he finds that recovery of the advance would be against equity and good conscience or against the public interest.
(d) If a person to whom an advance of pay is made under subsection (a), (b), or (c) dies or is separated from his uniformed service, before liquidation of that advance, the amount remaining unliquidated at the time of his death or separation shall be credited to the account of the disbursing officer concerned. However, the unliquidated amount remains a debt of that person or his estate to the United States.
(e) (1) As far as practicable, regulations for the administration of subsections (a)–(d) shall be uniform for all of the uniformed services.
(2) (A) Notwithstanding any other provision of law, an obligation for an advance of pay made pursuant to this section shall be recorded as an obligation only in the fiscal year in which the entitlement of the member to the pay accrues.
(B) Current appropriations available for advance payments under this section may be transferred to the prior fiscal year appropriation available for the same purpose in the amount of any unliquidated advance payments that remain at the end of such prior fiscal year. Such unliquidated advance payments shall then be credited to the current appropriation.
(f) Under regulations prescribed by the Secretary of Homeland Security, an advance of pay of not more than three months’ pay may be made to an officer of the Coast Guard who is ordered to sea duty or to or from shore duty beyond the seas. In addition, the Commandant of the Coast Guard may direct such advances as he considers necessary and proper to members of the Coast Guard stationed at distant stations where the pay and emoluments to which they are entitled cannot be paid regularly.
(g) Under regulations prescribed by the Secretary concerned, the dislocation allowance authorized by section 452(c)(2) of this title for a member of a uniformed service whose dependents are covered by section 452(b)(11) of this title may be paid in advance of the evacuation of the dependents and to the dependents designated by the member.
(h) Notwithstanding subsections (a) and (b) of section 3324 of title 31, the Secretary concerned may, when the last day of the pay period falls on a Saturday, Sunday, or legal holiday, authorize the payment of pay and allowances to members of uniformed service under his jurisdiction on the preceding workday but not more than three days before the last day of that pay period. If a member dies after he has received an advance payment under this subsection, but before the last day of the pay period for which the payment is made, no part of the amount so advance is recoverable by the United States.
(i) Under regulations prescribed by the Secretary concerned, not more than one month’s pay may be paid in advance to a member of the Armed Forces Health Professions Scholarship program upon reporting for a period of active duty required by section 2121(c) of title 10.
(j) Under regulations prescribed by the Secretary concerned, not more than one month’s pay may be paid in advance to a member of the Senior Reserve Officers’ Training Corps who is ordered to field training or a practice required under section 2109 of title 10.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 89–26, § 1(6), May 22, 1965, 79 Stat. 117; Pub. L. 89–193, Sept. 21, 1965, 79 Stat. 823; Pub. L. 89–718, § 70, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 90–623, § 3(1), (9), Oct. 22, 1968, 82 Stat. 1314, 1315; Pub. L. 96–76, title III, § 313(b), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96–215, § 3, Mar. 25, 1980, 94 Stat. 123; Pub. L. 96–343, § 8, Sept. 8, 1980, 94 Stat. 1128; Pub. L. 96–513, title V, § 516(23), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 97–60, title I, § 131(b), Oct. 14, 1981, 95 Stat. 1005; Pub. L. 97–258, § 3(j), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99–145, title XIII, § 1303(b)(12), Nov. 8, 1985, 99 Stat. 741; Pub. L. 99–661, div. A, title VI, § 602(a), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title VI, § 602(a), Oct. 23, 1992, 106 Stat. 2420; Pub. L. 103–160, div. A, title VI, § 605(a), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 105–261, div. A, title VI, § 652, Oct. 17, 1998, 112 Stat. 2051; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(h)(9), Dec. 23, 2022, 136 Stat. 2630.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1006(a)37:310c(a).Oct. 5, 1949, ch. 600, § 1, 63 Stat. 703. 1006(b)37:319c(b).Oct. 5, 1949, ch. 600, § 2; added Aug. 30, 1961, Pub. L. 87–188, § 1, 75 Stat. 416. 1006(c)37:310c–1.Oct. 5, 1949, ch. 600, § 2, 63 Stat. 704; redesignated as section 3, Aug. 30, 1961, Pub. L. 87–188, § 2, 75 Stat. 416. 1006(d)37:310d. 1006(e)37:310c (less (a) and (b)). 1006(f)14:465.[None.] In subsections (a) and (b), the words “a member of an armed force” are substituted for the words “commissioned and warrant officers, and enlisted men of the armed services.” The words “Secretary concerned” are substituted for the words “heads of the departments concerned” to conform to the definition in section 101(5) of this revised title. In subsection (b), the words “may be paid in advance” are substituted for the words “may have their pay and emoluments advanced”. In subsection (c), the words “Secretary concerned” are substituted for the words “heads of the departments concerned” to conform to the definition in section 101(5) of this revised title. The words “member of an armed force” are substituted for the words “members of the armed services”. The words “who are” are substituted for the words “in the event such dependents are”. The words “under subsection (a) or (b) of this section” are substituted for the words “in section 310c of this title” to reflect the section of this revised title which restates that section. The words “dependents of members of the armed forces” are substituted for the words “military dependents.” The words “at a place” are omitted as surplusage. In subsection (d), the words “If a” are substituted for the words “In the event the”. The words “credited to the account” are substituted for the words “passed to credit in the account”.
Editorial Notes
Amendments2022—Subsec. (g). Pub. L. 117–263 substituted “section 452(c)(2)” for “section 477” and “section 452(b)(11)” for “section 475a(a)”. 2013—Subsec. (g). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (g). Pub. L. 112–81, § 631(f)(4)(A) as amended by Pub. L. 112–239, § 1076(a)(9), substituted “477” for “407” and “475a” for “405a”. 2002—Subsec. (f). Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”. 1998—Subsec. (e). Pub. L. 105–261 designated existing provisions as par. (1) and added par. (2). 1993—Subsec. (c). Pub. L. 103–160 substituted “the Secretary of Defense” for “the President” in first sentence. 1992—Subsec. (c). Pub. L. 102–484 inserted first four sentences and struck out former first and second sentences which read as follows: “Under regulations prescribed by the Secretary concerned, an advance of pay to a member of a uniformed service who is on duty outside the United States, or other place designated by the President, of not more than two months’ basic pay may be made directly to his previously designated dependents who are ordered evacuated by competent authority. An advance of pay under this subsection is not subject to the conditions under which advances of pay may be made under subsection (a) or (b), and may be made only if all dependents of members of the uniformed services are ordered evacuated from the place where the member’s dependents are located.” 1991—Subsec. (c). Pub. L. 102–25 struck out “of this section” after “subsection (a) or (b)”. Subsec. (d). Pub. L. 102–25 struck out “of this section” after “subsection (a), (b), or (c)”. Subsec. (e). Pub. L. 102–25 struck out “of this section” after “subsections (a)–(d)”. 1986—Subsec. (j). Pub. L. 99–661 added subsec. (j). 1985—Subsec. (h). Pub. L. 99–145 substituted “subsections (a) and (b) of section 3324” for “section 3324(a) and (b)”. 1982—Subsec. (h). Pub. L. 97–258 substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes (31 U.S.C. 529)” after “Notwithstanding”. 1981—Subsec. (i). Pub. L. 97–60 added subsec. (i). 1980—Subsec. (a). Pub. L. 96–343 inserted provision authorizing an advance payment of the amount of an allotment made from the pay of a member of the uniformed services to a dependent if the member is scheduled for duty with a unit deployed outside the United States and the allotment is made not more than 60 days before the scheduled date of the assignment. Pub. L. 96–215, § 3(1), substituted “a uniformed service” for “an armed force or of the Public Health Service”. Subsec. (b). Pub. L. 96–215, § 3(1), substituted “a uniformed service” for “an armed force or of the Public Health Service”. Subsec. (c). Pub. L. 96–215, § 3(1), (2), substituted “a uniformed service” for “an armed force or of the Public Health Service” and “members of the uniformed services” for “members of the armed forces or of the Public Health Service”. Subsec. (d). Pub. L. 96–215, § 3(3), substituted “from his uniformed service” for “from his armed force or from the Public Health Service”. Subsec. (e). Pub. L. 96–215, § 3(4), substituted “uniformed services” for “armed forces and the Public Health Service”. Subsec. (h). Pub. L. 96–513 substituted “3648 of the Revised Statutes (31 U.S.C. 529)” for “529 of title 31”. Pub. L. 96–215, § 3(5), substituted “a uniformed service” for “an armed force or of the Public Health Service”. 1979—Subsecs. (a) to (d) and (h). Pub. L. 96–76 inserted reference to the Public Health Service. 1968—Subsec. (a). Pub. L. 90–623, § 3(9), substituted “change of permanent station” for “permanent change of station”. Subsec. (f). Pub. L. 90–623, § 3(1), substituted “Secretary of Transportation” for “Secretary of the Treasury”. 1966—Subsec. (h). Pub. L. 89–718 redesignated as subsec. (h) the subsection relating to advance payment of pay and allowances when the last day of the pay period falls on a Saturday, Sunday, or legal holiday, formerly designated as subsec. (g). 1965—Subsec. (c). Pub. L. 89–26, § 1(6)(A), empowered the Secretary concerned or his designee to waive any right of recovery of not more than one month’s basic pay advanced if he finds that recovery of the advance would be against equity and good conscience or against the public interest. Subsec. (g). Pub. L. 89–193 added subsec. (g) relating to the payment of pay and allowances when the last day of the pay period falls on a Saturday, Sunday, or legal holiday. Pub. L. 89–26, § 1(6)(B), added subsec. (g) relating to advance payment of the dislocation allowance.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 AmendmentPub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1992 AmendmentPub. L. 102–484, div. A, title VI, § 602(b), Oct. 23, 1992, 106 Stat. 2420, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to evacuations on or after June 1, 1991.”
Effective Date of 1986 AmendmentPub. L. 99–661, div. A, title VI, § 602(b), Nov. 14, 1986, 100 Stat. 3874, as amended by Pub. L. 100–26, § 3(2), Apr. 21, 1987, 101 Stat. 273, provided that: “Subsection (j) of section 1006 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay payable for months beginning after the date of the enactment of this Act [Nov. 14, 1986].”
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under section 206 of Title 42, The Public Health and Welfare.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.
Effective Date of 1965 AmendmentPub. L. 89–26, § 2, May 22, 1965, 79 Stat. 117, as amended by Pub. L. 89–608, § 1, Sept. 30, 1966, 80 Stat. 851; Pub. L. 92–176, Dec. 2, 1971, 85 Stat. 494, provided that: “This Act [enacting section 475a of this title and amending this section and sections 407 and 411 of this title] becomes effective on February 1, 1965.”
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Fiscal Year of Recordation of ObligationsPub. L. 94–212, title VII, § 744, Feb. 9, 1976, 90 Stat. 175, provided that: “Obligations hereafter incurred for advance payments of pay and allowances pursuant to section 1006 of title 37, United States Code, shall be recorded as obligations only in the fiscal year in which such payments are earned.”
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# 37 U.S.C. § 1008 - Presidential recommendations concerning adjustments and changes in pay and allowances
## Text
(a) The President shall direct an annual review of the adequacy of the pays and allowances authorized by this title for members of the uniformed services.
(b) Whenever the President considers it appropriate, but in no event later than January 1, 1967, and not less than once each four years thereafter, he shall direct a complete review of the principles and concepts of the compensation system for members of the uniformed services. Upon completion of such review he shall submit a detailed report to Congress summarizing the results of such review together with any recommendations he may have proposing changes in the statutory salary system and other elements of the compensation structure provided members of the uniformed services.
(Added Pub. L. 89–132, § 2(a), Aug. 21, 1965, 79 Stat. 546; amended Pub. L. 104–106, div. A, title VI, § 642(b), Feb. 10, 1996, 110 Stat. 368.)
## Notes
Editorial Notes
Amendments1996—Subsec. (a). Pub. L. 104–106 struck out at end “Upon completion of this review, but not later than March 31 of each year, the President shall submit to Congress a detailed report summarizing the results of such annual review together with any recommendations for adjustments in the rates of pay and allowances authorized by this title.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective Sept. 1, 1965, see section 10 of Pub. L. 89–132, set out as an Effective Date of 1965 Amendment note under section 203 of this title.
ReviewPub. L. 118–31, div. A, title VI, § 626(b), Dec. 22, 2023, 137 Stat. 294, provided that: “In each quadrennial review of military compensation conducted after the date of the enactment of this Act [Dec. 22, 2023] and under section 1008(b) of such title [this title], the President shall include— “(1) a review of the family separation allowance under section 427 of such title (or successor allowance); and “(2) the recommendation of the President regarding whether to increase the amount of such allowance to better compensate a member of the uniformed services for separation from family during service described in such paragraph.”
Executive Documents
Delegation of Reporting Function Memorandum of the President of the United States, June 9, 1989, 54 F.R. 25561, provided: Memorandum for the Secretary of Defense By virtue of the authority vested in me by the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, I authorize you to submit to the Congress the report summarizing the results of the review of the principles and concepts of the compensation system for members of the uniformed services, as required by P.L. 89–132, Sec. 2(a), August 21, 1965 (37 U.S.C. 1008(b)). You are authorized and directed to publish this memorandum in the Federal Register. George Bush.
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# 37 U.S.C. § 1009 - Adjustments of monthly basic pay
## Text
(a) Requirement for Annual Adjustment.— Effective on January 1 of each year, the rates of basic pay for members of the uniformed services under section 203(a) of this title shall be increased under this section.
(b) Effectiveness of Adjustment.— An adjustment under this section shall have the force and effect of law.
(c) Equal Percentage Increase for All Members.— (1) An adjustment made under this section in a year shall provide all eligible members with an increase in the monthly basic pay that is the percentage (rounded to the nearest one-tenth of one percent) by which the ECI for the base quarter of the year before the preceding year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all).
(2) Notwithstanding paragraph (1), but subject to subsection (d), the percentage of the adjustment taking effect under this section during each of fiscal years 2004, 2005, and 2006, shall be one-half of one percentage point higher than the percentage that would otherwise be applicable under such paragraph.
(3) In this subsection:
(A) The term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics.
(B) The term “base quarter” for any year is the three-month period ending on September 30 of such year.
(d) Protection of Member’s Total Compensation While Performing Certain Duty.— (1) The total daily equivalent amount of the elements of compensation described in paragraph (3), together with other pay and allowances under this title, to be paid to a member of the uniformed services who is temporarily assigned to duty away from the member’s permanent duty station or to duty under field conditions at the member’s permanent duty station shall not be less, for any day during the assignment period, than the total amount, for the day immediately preceding the date of the assignment, of the elements of compensation and other pay and allowances of the member.
(2) Paragraph (1) shall not apply with respect to an element of compensation or other pay or allowance of a member during an assignment described in such paragraph to the extent that the element of compensation or other pay or allowance is reduced or terminated due to circumstances unrelated to the assignment.
(3) The elements of compensation referred to in this subsection mean—
(A) the monthly basic pay authorized members of the uniformed services by section 203(a) of this title;
(B) the basic allowance for subsistence authorized members of the uniformed services by section 402 of this title; and
(C) the basic allowance for housing authorized members of the uniformed services by section 403 of this title.
(e) Presidential Determination of Need for Alternative Pay Adjustment.— (1) If, because of national emergency or serious economic conditions affecting the general welfare, the President considers the pay adjustment which would otherwise be required by this section in any year to be inappropriate, the President shall prepare and transmit to Congress before September 1 of the preceding year a plan for such alternative pay adjustments as the President considers appropriate, together with the reasons therefor.
(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including the Indexes of Leading Economic Indicators, the Gross Domestic Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures.
(3) The President shall include in the plan submitted to Congress under paragraph (1) an assessment of the impact that the alternative pay adjustments proposed in the plan would have on the Government’s ability to recruit and retain well-qualified persons for the uniformed services.
(Added Pub. L. 93–419, § 4, Sept. 19, 1974, 88 Stat. 1152; amended Pub. L. 94–361, title III, § 303, July 14, 1976, 90 Stat. 925; Pub. L. 96–342, title VIII, § 803, Sept. 8, 1980, 94 Stat. 1091; Pub. L. 96–513, title V, § 516(24), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title VI, § 642(c), Feb. 10, 1996, 110 Stat. 368; Pub. L. 105–85, div. A, title VI, §§ 604(a)(1), 605, Nov. 18, 1997, 111 Stat. 1783, 1784; Pub. L. 106–65, div. A, title VI, § 602(a), Oct. 5, 1999, 113 Stat. 649; Pub. L. 108–136, div. A, title VI, § 602, Nov. 24, 2003, 117 Stat. 1498.)
## Notes
Editorial Notes
Amendments2003—Subsec. (a). Pub. L. 108–136, § 602(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “Whenever the General Schedule of compensation for Federal classified employees, as contained in section 5332 of title 5, is adjusted upward as provided in section 5303 of such title, the President shall immediately make an upward adjustment in the monthly basic pay authorized members of the uniformed services by section 203(a) of this title.” Subsec. (b). Pub. L. 108–136, § 602(b), substituted “shall have the force and effect of law.” for “shall— “(1) have the force and effect of law; and “(2) carry the same effective date as that applying to the compensation adjustments provided General Schedule employees.” Subsec. (c). Pub. L. 108–136, § 602(c)(1), (3), added subsec. (c) and struck out former subsec. (c) which related to equal percentage increase for all members. Subsec. (d). Pub. L. 108–136, § 602(c)(1), (2), redesignated subsec. (f) as (d) and struck out former subsec. (d) which related to allocation of increase among pay grades and years-of-service. Subsec. (e). Pub. L. 108–136, § 602(c)(1), (4), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “Whenever the President plans to exercise the authority of the President under subsection (d) with respect to any anticipated increase in the monthly basic pay of members of the uniformed services, the President shall advise Congress, at the earliest practicable time prior to the effective date of such increase, regarding the proposed allocation of such increase.” Subsec. (f). Pub. L. 108–136, § 602(c)(2), redesignated subsec. (f) as (d). Subsec. (g). Pub. L. 108–136, § 602(c)(1), struck out heading and text of subsec. (g). Text read as follows: “The allocations of increases made under this section shall be assessed in conjunction with the quadrennial review of military compensation required by section 1008(b) of this title.” 1999—Subsec. (c). Pub. L. 106–65 designated existing provisions as par. (1) and added par. (2). 1997—Pub. L. 105–85, § 604(a)(1), amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to adjustments of compensation for members of the uniformed services. Subsecs. (f), (g). Pub. L. 105–85, § 605, added subsec. (f) and redesignated former subsec. (f) as (g). 1996—Subsec. (f). Pub. L. 104–106 struck out “, and a full report shall be made to the Congress summarizing the objectives and results of those allocations” after “of this title”. 1991—Subsecs. (b)(3), (c) to (e). Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing. 1980—Subsec. (a). Pub. L. 96–513, § 516(24)(A), struck out “, United States Code,” after “5”. Subsec. (b)(2). Pub. L. 96–513, § 516(24)(B), struck out reference to section 8 of the Act of Dec. 16, 1967 (Pub. L. 90–207). Subsec. (b)(3). Pub. L. 96–513, § 803(1), substituted “subsections (c) and (d) of this section” for “subsection (c)”. Subsec. (c). Pub. L. 96–342, § 803(2), (3), redesignated existing provision as par. (1), inserted “of this section” after “subsection (b)(3)” in two places and after “subsection (a)”, substituted “75 percent” for “75 per centum”, redesignated subsec. (d) as par. (2), substituted “under paragraph (1) of this subsection” for “under subsection (c)” in two places, inserted “of this section” after “subsection (a)”, “subsection (c)”, and “subsection (b)(3)”, respectively, and “of this title” after “section 403(b) or (c)” in two places. Subsec. (d). Pub. L. 96–342, § 803(3), (4), added subsec. (d) and redesignated former subsec. (d) as (c)(2). Subsec. (e). Pub. L. 96–342, § 803(5), inserted “or (d) of this section” after “subsection (c)” and struck out “among the different elements of compensation” after “allocation of such increase”. Subsec. (f). Pub. L. 96–342, § 803(6), struck out “among the three elements of compensation” after “under this section” and inserted “of this title” after “section 1008(b)”. 1976—Subsec. (b)(3). Pub. L. 94–361, § 303(a), inserted introductory phrase “subject to subsection (c),”. Subsecs. (c) to (f). Pub. L. 94–361, § 303(b), added subsecs. (c) to (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 AmendmentPub. L. 106–65, div. A, title VI, § 602(b), Oct. 5, 1999, 113 Stat. 649, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2000.”
Effective Date of 1997 AmendmentPub. L. 105–85, div. A, title VI, § 604(b), Nov. 18, 1997, 111 Stat. 1784, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on January 1, 1998.”
Effective Date of 1980 AmendmentAmendment 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 DatePub. L. 93–419, § 9, Sept. 19, 1974, 88 Stat. 1153, provided that: “This Act [enacting this section, amending sections 101, 203, 402, and 403 of this title, and enacting provisions set out as notes under this section] is effective upon enactment [Sept. 19, 1974].”
Increase in Basic PayPub. L. 116–283, div. A, title VI, § 601, Jan. 1, 2021, 134 Stat. 3670, provided that: “Effective on January 1, 2021, the rates of monthly basic pay for members of the uniformed services are increased by 3.0 percent.” Provisions relating to adjustment of compensation for members of the uniformed services for prior years were contained in the following acts: Pub. L. 116–92, div. A, title VI, § 609, Dec. 20, 2019, 133 Stat. 1425. Pub. L. 115–91, div. A, title VI, § 601, Dec. 12, 2017, 131 Stat. 1417. Pub. L. 114–328, div. A, title VI, § 601, Dec. 23, 2016, 130 Stat. 2155. Pub. L. 112–239, div. A, title VI, § 601, Jan. 2, 2013, 126 Stat. 1773. Pub. L. 111–84, div. A, title VI, § 601, Oct. 28, 2009, 123 Stat. 2347. Pub. L. 110–417, [div. A], title VI, § 601, Oct. 14, 2008, 122 Stat. 4482. Pub. L. 110–181, div. A, title VI, § 601, Jan. 28, 2008, 122 Stat. 145. Pub. L. 109–364, div. A, title VI, § 601, Oct. 17, 2006, 120 Stat. 2240, as amended by Pub. L. 116–283, div. A, title IX, § 925(b), Jan. 1, 2021, 134 Stat. 3826; Pub. L. 118–159, div. A, title V, § 521(g)(4), Dec. 23, 2024, 138 Stat. 1881. Pub. L. 109–163, div. A, title VI, § 601, Jan. 6, 2006, 119 Stat. 3286. Pub. L. 108–375, div. A, title VI, § 601, Oct. 28, 2004, 118 Stat. 1943. Pub. L. 108–136, div. A, title VI, § 601, Nov. 24, 2003, 117 Stat. 1495, as amended by Pub. L. 109–148, div. A, title VIII, § 8124(a)(1), Dec. 30, 2005, 119 Stat. 2727. Pub. L. 107–314, div. A, title VI, § 601, Dec. 2, 2002, 116 Stat. 2563. Pub. L. 107–107, div. A, title VI, § 601, Dec. 28, 2001, 115 Stat. 1129. Pub. L. 106–398, § 1 [[div. A], title VI, §§ 601, 602], Oct. 30, 2000, 114 Stat. 1654, 1654A–143. Pub. L. 106–65, div. A, title VI, § 601(a)–(c), Oct. 5, 1999, 113 Stat. 645, as amended by Pub. L. 106–398, § 1 [[div. A], title X, § 1087(c)(1)(C)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292. Pub. L. 105–261, div. A, title VI, § 601, Oct. 17, 1998, 112 Stat. 2036. Pub. L. 105–85, div. A, title VI, § 601, Nov. 18, 1997, 111 Stat. 1771. Pub. L. 104–201, div. A, title VI, § 601, Sept. 23, 1996, 110 Stat. 2539. Pub. L. 104–106, div. A, title VI, § 601, Feb. 10, 1996, 110 Stat. 356. Pub. L. 103–337, div. A, title VI, § 601(a), (b), Oct. 5, 1994, 108 Stat. 2779. Pub. L. 103–160, div. A, title VI, § 601, Nov. 30, 1993, 107 Stat. 1677. Pub. L. 102–484, div. A, title VI, § 601, Oct. 23, 1992, 106 Stat. 2420. Pub. L. 102–484, div. D, title XLIV, § 4402, Oct. 23, 1992, 106 Stat. 2701, as amended by Pub. L. 103–160, div. A, title VI, § 602(a), (b)(1), Nov. 30, 1993, 107 Stat. 1678. Pub. L. 102–190, div. A, title VI, § 601, Dec. 5, 1991, 105 Stat. 1372. Pub. L. 102–190, div. A, title XI, § 1111(c), Dec. 5, 1991, 105 Stat. 1491. Pub. L. 101–510, div. A, title VI, § 601, Nov. 5, 1990, 104 Stat. 1575. Pub. L. 101–189, div. A, title VI, § 601(a), (b), Nov. 29, 1989, 103 Stat. 1444. Pub. L. 100–456, div. A, title VI, § 601(a), (b), Sept. 29, 1988, 102 Stat. 1976. Pub. L. 100–180, div. A, title VI, § 601(a), (b), Dec. 4, 1987, 101 Stat. 1092, as amended by Pub. L. 100–202, § 110(b), Dec. 22, 1987, 101 Stat. 1329–436. Pub. L. 99–661, div. A, title VI, § 601(a), (b), title XIII, § 1310(c), Nov. 14, 1986, 100 Stat. 3873, 3983. Pub. L. 99–500, § 144(b), Oct. 18, 1986, 100 Stat. 1783–350, and Pub. L. 99–591, § 144(b), Oct. 30, 1986, 100 Stat. 3341–353. Pub. L. 99–145, title VI, § 601, Nov. 8, 1985, 99 Stat. 635. Pub. L. 98–525, title VI, § 601, Oct. 19, 1984, 98 Stat. 2533. Pub. L. 98–94, title IX, § 901, Sept. 24, 1983, 97 Stat. 634. Pub. L. 97–60, title I, § 101, Oct. 14, 1981, 95 Stat. 989, as amended by Pub. L. 98–557, § 35(a), (c), Oct. 30, 1984, 98 Stat. 2877, eff. Oct. 1, 1984; Pub. L. 100–180, div. A, title XIII, § 1314(d)(3), (e)(2), Dec. 4, 1987, 101 Stat. 1176, eff. Oct. 1, 1986. Pub. L. 96–342, title VIII, § 801, Sept. 8, 1980, 94 Stat. 1090. Pub. L. 94–106, title VIII, § 819, Oct. 7, 1975, 89 Stat. 544. Pub. L. 93–419, §§ 5–7, Sept. 19, 1974, 88 Stat. 1153.
Executive Documents
Adjustment of Pay Rates For adjustment of pay rates under 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.
Executive Order No. 11812 Ex. Ord. No. 11812, Oct. 7, 1974, 39 F.R. 36307, which provided for the adjustment of pay rates effective Oct. 1, 1974, was superseded by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
Executive Order No. 11998 Ex. Ord. No. 11998, June 27, 1977, 42 F.R. 33021, which related to the President’s Commission on Military Compensation, was revoked by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note under section 14 of the Appendix to Title 5.
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---
# 37 U.S.C. § 1010 - Commissioned officers: promotions; effective date for pay and allowances
## Text
An officer of a uniformed service who is promoted to a grade above second lieutenant or ensign is entitled to the pay and allowances of the grade to which promoted on the effective date of the promotion.
(Added Pub. L. 96–513, title IV, § 403(c), Dec. 12, 1980, 94 Stat. 2905; amended Pub. L. 109–364, div. A, title X, § 1071(c)(8), Oct. 17, 2006, 120 Stat. 2401.)
## Notes
Editorial Notes
Amendments2006—Pub. L. 109–364 substituted “promotions” for “promotion” in section catchline.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of Title 10, Armed Forces.
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# 37 U.S.C. § 1011 - Mess operation: reimbursement of expenses
## Text
(a) The Secretary of Defense shall, by regulation, establish rates for meals sold at messes to officers, civilians, and enlisted members. Such rates shall be established at a level sufficient to provide reimbursement of operating expenses and food costs to the appropriations concerned, but members of the uniformed services and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at a rate of not less than $2.50 per day. Notwithstanding the preceding sentence, if the Secretary determines that it is in the best interest of the United States, the Secretary may reduce a rate for meals established under this subsection by the amount of that rate attributable to operating expenses.
(b) For the purposes of this section, payment for meals at the rates established under this section may be made in cash or, in the case of enlisted members or civilian employees, by deduction from pay. Members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation or when residing at a military installation pursuant to an agreement in effect on June 30, 1986, and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals.
(c) Spouses and dependent children of enlisted members in pay grades E–1, E–2, E–3, and E–4 may not be charged for meals sold at messes in excess of a level sufficient to cover food costs.
(d) When the Coast Guard is not operating as a service in the Navy, the Secretary of Homeland Security shall establish rates for meals sold at Coast Guard dining facilities, provide for reimbursement of operating expenses and food costs to the appropriations concerned, and reduce the rates for such meals when the Secretary determines that it is in the best interest of the United States to do so.
(Added Pub. L. 96–513, title IV, § 413, Dec. 12, 1980, 94 Stat. 2906; amended Pub. L. 99–145, title VIII, § 810(a), Nov. 8, 1985, 99 Stat. 681; Pub. L. 99–661, div. A, title VI, § 655, Nov. 14, 1986, 100 Stat. 3891; Pub. L. 101–189, div. A, title III, § 321, Nov. 29, 1989, 103 Stat. 1413; Pub. L. 104–324, title II, § 214(a), Oct. 19, 1996, 110 Stat. 3915; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
## Notes
Editorial Notes
Amendments2002—Subsec. (d). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1996—Subsec. (d). Pub. L. 104–324 added subsec. (d). 1989—Subsec. (a). Pub. L. 101–189 substituted “and enlisted members” for “or enlisted members entitled to a per diem transportation allowance determined under section 404(d)(2) of this title” and inserted at end “Notwithstanding the preceding sentence, if the Secretary determines that it is in the best interest of the United States, the Secretary may reduce a rate for meals established under this subsection by the amount of that rate attributable to operating expenses.” 1986—Subsec. (b). Pub. L. 99–661 inserted “or when residing at a military installation pursuant to an agreement in effect on June 30, 1986,” in second sentence. 1985—Subsec. (c). Pub. L. 99–145 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment 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 1985 AmendmentAmendment by Pub. L. 99–145 effective Oct. 1, 1985, see section 813 of Pub. L. 99–145, formerly set out in a Military Family Policy and Programs note under section 113 of Title 10, Armed Forces.
Effective DateSection effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of Title 10, Armed Forces.
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# 37 U.S.C. § 1012 - Disbursement and accounting: pay of enlisted members of the National Guard
## Text
Amounts appropriated for the pay, under subsections (a), (b), and (d) of section 206, section 301(f), section 402(e), and section 1002 of this title, of enlisted members of the Army National Guard of the United States or the Air National Guard of the United States for attending regular periods of duty and instruction shall be disbursed and accounted for by the Secretary of Defense. All such disbursements shall be made for 3-month periods for units of the Army National Guard or Air National Guard under regulations prescribed by the Secretary of Defense, and on pay rolls prepared and authenticated as prescribed in those regulations.
(Added Pub. L. 97–258, § 2(i)(2)(B), Sept. 13, 1982, 96 Stat. 1061; amended Pub. L. 99–145, title XIII, § 1303(b)(13)(A), (B), Nov. 8, 1985, 99 Stat. 741; Pub. L. 104–106, div. A, title VI, § 602(c)(2), title IX, § 913(c)(1), Feb. 10, 1996, 110 Stat. 357, 411; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(b)(5)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 101231:698a.Aug. 10, 1956, ch. 1041, § 31, 70A Stat. 632. The words “the Secretary concerned” are substituted for “officers and agents of the Finance Corps of the Army or finance officers of the Air Force, as the case may be” and “the Secretary of the Army or the Secretary of the Air Force, as the case may be” for consistency in the title. The words “various” and “issued” are omitted as surplus.
Editorial Notes
Amendments2000—Pub. L. 106–398 substituted “section 402(e)” for “section 402(b)(3)”. 1996—Pub. L. 104–106 substituted “section 402(b)(3)” for “the last sentence of section 402(b)” and substituted “Secretary of Defense” for “Secretary concerned” in two places. 1985—Pub. L. 99–145 inserted “: pay of enlisted members of the National Guard” in section catchline, and substituted “for the pay, under subsections (a), (b), and (d) of section 206, section 301(f), the last sentence of section 402(b), and section 1002 of this title,” for “under sections 206(a), (b), and (d), 301(f), 309, 402(b) (last sentence), and 1002 of this title for pay”, “All such disbursements” for “Disbursements”, and “as prescribed in those” for “under the”.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentPub. L. 99–145, title XIII, § 1303(b)(13)(D), Nov. 8, 1985, 99 Stat. 741, provided that: “The amendments made by this paragraph [amending this section] shall take effect as if included in the enactment of section 2(i) of Public Law 97–258 [enacting this section].”
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# 37 U.S.C. § 1013 - Payment of compensation for victims of terrorism
## Text
Any benefit or payment pursuant to section 559 of this title, or section 1032 or 1095a or chapter 110 of title 10, shall be paid out of funds available to the Secretary concerned for military personnel.
(Added Pub. L. 99–399, title VIII, § 801(e)(1), Aug. 27, 1986, 100 Stat. 888; amended Pub. L. 100–456, div. A, title XII, § 1233(g)(4), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101–510, div. A, title XIV, § 1484(h)(6), Nov. 5, 1990, 104 Stat. 1718.)
## Notes
Editorial Notes
Codification Another section 1013 was renumbered section 1014 of this title.
Amendments1990—Pub. L. 101–510 substituted “1095a” for “1095”. 1988—Pub. L. 100–456 substituted “section 1032” for “section 1051”.
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# 37 U.S.C. § 1014 - Payment date for pay and allowances
## Text
(a) Amounts of basic pay, basic allowance for housing, basic allowance for subsistence, and other payments of military compensation (other than travel and transportation allowances and separation allowances) shall be paid on the first day of the month beginning after the month during which the right to such compensation accrues.
(b) Subsection (a) does not preclude one payment in midmonth for any element of compensation and does not affect any authority to make advance payments of pay and allowances.
(c) With respect to a member of the uniformed services who has elected to participate in the Thrift Savings Plan under section 211 of this title, subsection (a) does not preclude the payment of an amount equal to one-half of the monthly deposit to the Thrift Savings Fund otherwise to be made by the member in participating in the Plan, which amount may be deposited in the Thrift Savings Fund at midmonth.
(Added Pub. L. 99–500, § 101(c) [title IX, § 9103(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–118, and Pub. L. 99–591, § 101(c) [title IX, § 9103(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–118, § 1013; renumbered § 1014, Pub. L. 100–26, § 8(b)(2), Apr. 21, 1987, 101 Stat. 285; amended Pub. L. 105–85, div. A, title VI, § 603(d)(1)(E), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 110–181, div. A, title VI, § 605(a), Jan. 28, 2008, 122 Stat. 146.)
## Notes
Editorial Notes
Codification Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments2008—Subsec. (c). Pub. L. 110–181 added subsec. (c). 1997—Subsec. (a). Pub. L. 105–85 substituted “housing” for “quarters”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment 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 DatePub. L. 99–500, § 101(c) [title IX, § 9103(4)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–118, and Pub. L. 99–591, § 101(c) [title IX, § 9103(4)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–118, as amended by Pub. L. 100–26, § 4(a)(2), Apr. 21, 1987, 101 Stat. 274, provided that: “Section 1014 of title 37, United States Code, as added by paragraph (1) and redesignated by section 8(b)(2) of the Defense Technical Corrections Act of 1987 [Pub. L. 100–26], and the amendments made by paragraph (3) [amending section 1466 of Title 10, Armed Forces], shall take effect on September 1, 1987.”
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# 37 U.S.C. § 1015 - Recordation of installment payment obligations for incentive pays and similar benefits
## Text
(a) In General.— In the case of any pay, allowance, bonus, or other benefit described in subsection (b) that is paid to a member of the uniformed services on an installment basis, each installment payment shall be charged to appropriations that are available for obligation at the time such payment is payable.
(b) Covered Pay and Benefits.— Subsection (a) applies to any incentive pay, special pay, or bonus, or similar periodic payment of pay or allowances, or of educational benefits or stipends, that is paid to a member of the uniformed services under this title or title 10.
(Added Pub. L. 114–92, div. A, title VI, § 662(a), Nov. 25, 2015, 129 Stat. 859.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1015, added Pub. L. 106–65, div. A, title VI, § 673(a)(1), Oct. 5, 1999, 113 Stat. 674, related to annual report on effects of recruitment and retention initiatives, prior to repeal by Pub. L. 109–364, div. A, title X, § 1046(b)(1), Oct. 17, 2006, 120 Stat. 2393.
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# 37 U.S.C. § 1016 - Pay statements: descriptions of types of pay
## Text
(a) In General.— The Secretary of Defense shall make available contemporaneously with each pay statement provided to a member of the Armed Forces, for each type of pay, allowance, and deduction listed on the statement, a brief and plain-language description of—
(1) the statutory or regulatory authority under which a pay, allowance, or deduction is made;
(2) the purpose of a pay, allowance, or deduction;
(3) the criteria for determining eligibility of members for a pay, allowance, or deduction; and
(4) possible changes in the eligibility of the member for a pay, allowance, or deduction, including the circumstances under which a pay, allowance, or deduction may be suspended or modified or may expire.
(b) Requirements.— The descriptions required to be made available with a pay statement under paragraph (1) shall be—
(1) published on a website accessible by a member and printable with the pay statement of the member; and
(2) presented in language easily understood by individuals without specialized knowledge of military finance, accounting, or law.
(Added Pub. L. 119–60, div. A, title VI, § 661(a), Dec. 18, 2025, 139 Stat. 913.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 119–60, div. A, title VI, § 661(b), Dec. 18, 2025, 139 Stat. 914, provided that: “The requirements of section 1016 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay statements issued on or after the date that is 180 days after the date of the enactment of this Act [Dec. 18, 2025].”
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# 37 U.S.C. § 201 - Pay grades: assignment to; general rules
## Text
(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, Marine Corps, and Space ForceNavy, Coast Guard, andNational Oceanic and Atmospheric AdministrationPublic Health Service O–10GeneralAdmiralAssistant Secretary for Health. O–9Lieutenant generalVice admiralSurgeon General. O–8Major generalRear admiralDeputy Surgeon General.Assistant Surgeon General having rank of major general. O–7Brigadier generalRear admiral (lower half)Assistant Surgeon General having rank of brigadier general. O–6ColonelCaptainDirector grade. O–5Lieutenant colonelCommanderSenior grade. O–4MajorLieutenant commanderFull grade. O–3CaptainLieutenantSenior assistant grade. O–21st lieu­tenantLieutenant (junior grade)Assistant grade. O–12d lieu­tenantEnsignJunior 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; Pub. L. 116–283, div. A, title IX, § 925(c), Jan. 1, 2021, 134 Stat. 3827; Pub. L. 119–60, div. A, title VI, § 601(b)(1), Dec. 18, 2025, 139 Stat. 901.)
## Notes
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.
Editorial Notes
Amendments2025—Subsec. (a). Pub. L. 119–60 struck out par. (1) designation, substituted “For the” for “Subject to paragraph (2), for the” and, in the heading of the second column of the table, “Marine Corps, and Space Force” for “and Marine Corps”, and struck out par. (2) which read as follows: “For the purpose of computing their basic pay, commissioned officers of the Space Force are assigned to the pay grades in the table in paragraph (1) by grade or rank in the Air Force that is equivalent to the grade or rank in which such officers are serving in the Space Force.” 2021—Subsec. (a). Pub. L. 116–283 designated existing provisions as par. (1), substituted “Subject to paragraph (2), for the purpose” for “For the purpose”, and added par. (2). 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1991 AmendmentAmendment 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 AmendmentPub. 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentPub. 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.
Executive Documents
Transfer of Functions 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.
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# 37 U.S.C. § 204 - Entitlement
## Text
(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, or a member of the Space Force in space force active status not on sustained duty, 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, or a member of the Space Force in space force active status not on sustained duty, 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; Pub. L. 119–60, div. A, title VI, § 601(b)(2), Dec. 18, 2025, 139 Stat. 901.)
## Notes
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.
Editorial Notes
Amendments2025—Subsecs. (g)(1), (h)(1). Pub. L. 119–60 inserted “, or a member of the Space Force in space force active status not on sustained duty,” after “of a reserve component of a uniformed service”. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment 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 AmendmentPub. 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 AmendmentAmendment 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 AmendmentPub. 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 AmendmentAmendment 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 AmendmentAmendment 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.
legal/us/code/title-37/chapter-3/section-205.md
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---
type: "LegalText"
title: "37 U.S.C. § 205"
description: "Computation: service creditable"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "3"
chapter_name: "BASIC PAY"
section: "205"
citation: "37 U.S.C. § 205"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc37@119-100.zip"
source_identifier: "/us/usc/t37/s205"
source_file: "data/legal/raw/us/code/title-37/usc37.xml"
source_hash: "6e458c2a6c5dccec150c4657133953f989ccf2bb79b426d10ce613b2ac8afc5a"
raw_snapshot_hash: "e0a35eb7ef12b7ff3b62c2d230c815f864ad090f207afa5aca869467bb414b1c"
text_hash: "a57ff2aa19a9fcdb24060af4e4cf6ca95fd6a7d8e91a0574cc235871669ba32d"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 37 U.S.C. § 205 - Computation: service creditable
## Text
(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) a reserve component of a uniformed service;
(C) the Space Force;
(D) the Regular Army Reserve;
(E) the National Guard;
(F) the National Guard Reserve;
(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; Pub. L. 119–60, div. A, title VI, § 601(b)(3), Dec. 18, 2025, 139 Stat. 901.)
## Notes
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.
Editorial Notes
Amendments2025—Subsec. (a)(2)(B) to (F). Pub. L. 119–60 transferred subpar. (F) to appear after subpar. (A) and redesignated it as subpar. (B); redesignated former subpars. (B), (D), and (E) as (D), (E), and (F), respectively; added subpar. (C) and struck out former subpar. (C) which read as follows: “the Organized Militia before July 1, 1916;”. 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).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment 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 AmendmentPub. 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 AmendmentAmendment 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 AmendmentAmendment 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 ForcesPub. 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 ProvisionSubsec. (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, 1996No 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 ActFor 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.
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# 37 U.S.C. § 206 - Reserves; members of National Guard; members of the Space Force: inactive-duty training
## Text
(a) Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard, a member of a reserve component of a uniformed service, or a member of the Space Force 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;
(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; or
(4) for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be required to perform but does not perform because such member was authorized to take parental leave pursuant to section 711 of title 10 or family leave under section 2512 of title 14.
(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, by a member of the Space Force, 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 or the Space Force, 11 So in original. 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, a reserve component of the uniformed services, or the Space Force 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; Pub. L. 116–283, div. A, title VI, § 602(a), Jan. 1, 2021, 134 Stat. 3670; Pub. L. 118–31, div. A, title VI, § 601(b), Dec. 22, 2023, 137 Stat. 288; Pub. L. 119–60, div. A, title VI, § 601(b)(4), div. G, title LXXII, § 7225(c), Dec. 18, 2025, 139 Stat. 902, 1705.)
## Notes
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.
Editorial Notes
Prior ProvisionsProvisions 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.
Amendments2025—Pub. L. 119–60, § 601(b)(4)(A), inserted “; members of the Space Force” after “National Guard” in section catchline. Catchline text was editorially conformed to the style used in this title. Subsec. (a). Pub. L. 119–60, § 601(b)(4)(B), in introductory provisions, substituted “Guard, a” for “Guard or a” and inserted “, or a member of the Space Force” after “uniformed service” the first place it appears. Subsec. (a)(4). Pub. L. 119–60, § 7225(c), inserted “or family leave under section 2512 of title 14” before period at end. Subsec. (d)(1). Pub. L. 119–60, § 601(b)(4)(C)(i), inserted “, by a member of the Space Force,” after “reserve component”. Subsec. (d)(2). Pub. L. 119–60, § 601(b)(4)(C)(ii), inserted “or the Space Force,” after “Ready Reserve”. Subsec. (e). Pub. L. 119–60, § 601(b)(4)(D), substituted “Guard, a” for “Guard or of a” and inserted “, or the Space Force” after “uniformed services”. 2023—Subsec. (a)(4). Pub. L. 118–31 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “for each of six days for each period during which the member is on maternity leave.” 2021—Subsec. (a)(4). Pub. L. 116–283 added par. (4). 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).
Statutory Notes and Related Subsidiaries
Effective Date of 2023 AmendmentAmendment by Pub. L. 118–31 effective on Oct. 1, 2024, and applicable with respect to periods of parental leave that commence on or after such date, see section 601(e) of Pub. L. 118–31, set out as an Effective Date note under section 711 of Title 10, Armed Forces.
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective, and applicable with respect to periods of maternity leave that commence on or after, Jan. 1, 2021, see section 602(c) of Pub. L. 116–283, set out as a note under section 12732 of Title 10, Armed Forces.
Effective Date of 1988 AmendmentAmendment 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 AmendmentAmendment 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.
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# 37 U.S.C. § 206a - Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation
## Text
Under regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month sufficient for the member to obtain or maintain an aeronautical rating or designation.
(Added Pub. L. 118–31, div. A, title VI, § 602(a), Dec. 22, 2023, 137 Stat. 289.)
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# 37 U.S.C. § 207 - Band leaders
## Text
(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 8287 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; Pub. L. 115–232, div. A, title VIII, § 809(m)(1), Aug. 13, 2018, 132 Stat. 1843.)
## Notes
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.
Editorial Notes
Amendments2018—Subsec. (c). Pub. L. 115–232 substituted “section 8287 of title 10” for “section 6222 of title 10”. 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).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 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.
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# 37 U.S.C. § 208 - Repealed. Pub. L. 91–482, § 1(b), Oct. 21, 1970, 84 Stat. 1082]
## Notes
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.
Statutory Notes and Related Subsidiaries
Pension Continuation ProvisionPub. L. 91–482, § 3, Oct. 21, 1970, 84 Stat. 1082, provided that: “Notwithstanding the first section of this Act [repealing this section and sections 4539, 4623, 5981, 6159, and 6406 of Title 10, Armed Forces], a person who is entitled to a pension under [former] section 6159 of title 10, United States Code, on the day before the date of enactment of this Act [Oct. 21, 1970] shall continue to be entitled to that pension on and after that date of enactment.”
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# 37 U.S.C. § 210 - Pay of senior enlisted members during terminal leave and while hospitalized
## Text
(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 Chief Master Sergeant of the Space Force.
(6) 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; Pub. L. 116–283, div. A, title IX, § 925(d), Jan. 1, 2021, 134 Stat. 3827; Pub. L. 118–159, div. A, title V, § 521(g)(2), Dec. 23, 2024, 138 Stat. 1881.)
## Notes
Editorial Notes
Amendments2024—Subsec. (c)(5). Pub. L. 118–159 substituted “The Chief Master Sergeant of the Space Force” for “The senior enlisted advisor of the Space Force”. 2021—Subsec. (c)(5), (6). Pub. L. 116–283 added par. (5) and redesignated former par. (5) as (6). 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).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment 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.
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# 37 U.S.C. § 211 - Participation in Thrift Savings Plan
## Text
(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 or the Space Force 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) 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; Pub. L. 119–60, div. A, title VI, § 601(b)(5), Dec. 18, 2025, 139 Stat. 902.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a)(2). Pub. L. 119–60 inserted “or the Space Force” after “member of the Ready Reserve”. 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).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment; ImplementationAmendment 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 DateSection 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 ArmyPub. 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 for a pilot program on contributions to the Thrift Savings Plan for initial enlistees in the Army to be carried out between Jan. 6, 2006, and Dec. 31, 2008.
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# 37 U.S.C. § 212 - Advancement of basic pay: members deployed in combat zone for more than one year
## Text
(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.)
## Notes
Editorial Notes
Amendments2016—Subsec. (a). Pub. L. 114–328 inserted “, or paragraph (1) or (3) of section 351(a),” after “section 310”.
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# 37 U.S.C. § 301c - Incentive pay: submarine duty
## Text
(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.)
## Notes
Editorial Notes
Amendments2006—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.
Statutory Notes and Related Subsidiaries
Effective Date of 1991 AmendmentAmendment 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 AmendmentAmendment 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 4172 of Title 10, Armed Forces.
Effective Date of 1987 AmendmentPub. 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 AmendmentPub. 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 AmendmentPub. 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 DatePub. 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].”
Transition ProvisionsPub. 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].”
Executive Documents
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.
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# 37 U.S.C. § 301d - Multiyear retention bonus: medical officers of the armed forces
## Text
(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.)
## Notes
Editorial Notes
Amendments2008—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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentPub. 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 ProvisionFor 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 IncreasePub. 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 OfficersPub. 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 AgreementPub. 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.”
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# 37 U.S.C. § 301e - Multiyear retention bonus: dental officers of the armed forces
## Text
(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) 11 See References in Text note below. 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.)
## Notes
Editorial Notes
References in TextSection 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.
Amendments2006—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”.
Statutory Notes and Related Subsidiaries
Savings ProvisionFor 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 IncreaseIn 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.
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# 37 U.S.C. § 302a - Special pay: optometrists
## Text
(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 11 See Change of Name note below. 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.)
## Notes
Editorial Notes
Amendments2006—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.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 1977 AmendmentPub. 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 AmendmentAmendment 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 DatePub. 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 ProvisionFor 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 IncreaseIn 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 ContinuationEnactment 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.
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# 37 U.S.C. § 302c–1 - Special pay: accession and retention bonuses for psychologists
## Text
(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, 2018.
(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; Pub. L. 115–91, div. A, title VI, § 612(b)(1), Dec. 12, 2017, 131 Stat. 1421.)
## Notes
Editorial Notes
Amendments2017—Subsec. (f). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”. 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”.
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---
type: "LegalText"
title: "37 U.S.C. § 302c"
description: "Special pay: psychologists and nonphysician health care providers"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "5"
chapter_name: "SPECIAL AND INCENTIVE PAYS"
section: "302c"
citation: "37 U.S.C. § 302c"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 37 U.S.C. § 302c - Special pay: psychologists and nonphysician health care providers
## Text
(a) Public Health Service Corps.— A member who is—
(1) an officer in the Regular or Reserve Corps 11 See Change of Name note below. 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 1 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.)
## Notes
Editorial Notes
Prior ProvisionsA 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.
Amendments2008—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).
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 1997 AmendmentPub. 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 DatePub. 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 PsychologistsPub. 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.]
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---
type: "LegalText"
title: "37 U.S.C. § 302d"
description: "Special pay: accession bonus for registered nurses"
jurisdiction: "us"
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kind: "code_section"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "5"
chapter_name: "SPECIAL AND INCENTIVE PAYS"
section: "302d"
citation: "37 U.S.C. § 302d"
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release_point: "119-100"
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---
# 37 U.S.C. § 302d - Special pay: accession bonus for registered nurses
## Text
(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, 2018, 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; Pub. L. 115–91, div. A, title VI, § 612(b)(2), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (a)(1). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment 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 AmendmentPub. 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 ProvisionFor 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 IncreaseIn 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 AuthorityFor 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.
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title: "37 U.S.C. § 302e"
description: "Special pay: nurse anesthetists"
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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citation: "37 U.S.C. § 302e"
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---
# 37 U.S.C. § 302e - Special pay: nurse anesthetists
## Text
(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, 2018, 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; Pub. L. 115–91, div. A, title VI, § 612(b)(3), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (a)(1). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment 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 ProvisionFor 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 IncreaseIn 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 AuthorityFor 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.
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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chapter_name: "SPECIAL AND INCENTIVE PAYS"
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citation: "37 U.S.C. § 302f"
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# 37 U.S.C. § 302f - Special pay: reserve, recalled, or retained health care officers
## Text
(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.)
## Notes
Editorial Notes
Amendments2006—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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment 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 ProvisionFor 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 StormPub. 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.”
legal/us/code/title-37/chapter-5/section-302g.md
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title: "37 U.S.C. § 302g"
description: "Special pay: Selected Reserve health care professionals in critically short wartime specialties"
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title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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---
# 37 U.S.C. § 302g - Special pay: Selected Reserve health care professionals in critically short wartime specialties
## Text
(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, 2018.
(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; Pub. L. 115–91, div. A, title VI, § 612(b)(4), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Prior ProvisionsProvisions 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).
Amendments2017—Subsec. (e). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment 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 AmendmentPub. 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 ProvisionFor 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.
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "5"
chapter_name: "SPECIAL AND INCENTIVE PAYS"
section: "302h"
citation: "37 U.S.C. § 302h"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc37@119-100.zip"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 302h - Special pay: accession bonus for dental officers
## Text
(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, 2018, 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; Pub. L. 115–91, div. A, title VI, § 612(b)(5), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (a)(1). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment 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 AmendmentPub. 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 ProvisionFor 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.
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---
type: "LegalText"
title: "37 U.S.C. § 302i"
description: "Special pay: pharmacy officers"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "5"
chapter_name: "SPECIAL AND INCENTIVE PAYS"
section: "302i"
citation: "37 U.S.C. § 302i"
status: "current"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 37 U.S.C. § 302i - Special pay: pharmacy officers
## Text
(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 11 See Change of Name note below. 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.)
## Notes
Editorial Notes
Amendments2002—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.”
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Application of IncreaseIn 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.
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title: "37 U.S.C. § 302j"
description: "Special pay: accession bonus for pharmacy officers"
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 302j - Special pay: accession bonus for pharmacy officers
## Text
(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, 2018, 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; Pub. L. 115–91, div. A, title VI, § 612(b)(6), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (a). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”. 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)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment 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 ProvisionFor 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.
legal/us/code/title-37/chapter-5/section-302k.md
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---
type: "LegalText"
title: "37 U.S.C. § 302k"
description: "Special pay: accession bonus for medical officers in critically short wartime specialties"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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chapter_name: "SPECIAL AND INCENTIVE PAYS"
section: "302k"
citation: "37 U.S.C. § 302k"
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---
# 37 U.S.C. § 302k - Special pay: accession bonus for medical officers in critically short wartime specialties
## Text
(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, 2018.
(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; Pub. L. 115–91, div. A, title VI, § 612(b)(7), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (f). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment 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 DateSection 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.
legal/us/code/title-37/chapter-5/section-302l.md
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description: "Special pay: accession bonus for dental specialist officers in critically short wartime specialties"
jurisdiction: "us"
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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chapter_name: "SPECIAL AND INCENTIVE PAYS"
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# 37 U.S.C. § 302l - Special pay: accession bonus for dental specialist officers in critically short wartime specialties
## Text
(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, 2018.
(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; Pub. L. 115–91, div. A, title VI, § 612(b)(8), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (g). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”. 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment 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 DateSection 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.
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# 37 U.S.C. § 303 - Special pay: veterinarians
## Text
(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 11 See Change of Name note below. 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.)
## Notes
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”.
Editorial Notes
Amendments2000—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.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 1999 AmendmentPub. 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 AmendmentAmendment 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 AmendmentAmendment 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.
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# 37 U.S.C. § 303a - Special pay: general provisions
## Text
(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 11 See Change of Name note below. 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 1 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.)
## Notes
Editorial Notes
References in TextSection 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.
Amendments2011—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.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 2008 AmendmentAmendment 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 AmendmentPub. 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 AmendmentAmendment 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 AmendmentAmendment 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.
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# 37 U.S.C. § 303b - Waiver of board certification requirements
## Text
(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.)
## Notes
Statutory Notes and Related Subsidiaries
Operation Desert Storm Duty AssignmentsPub. 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.”
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# 37 U.S.C. § 304 - Special pay: diving duty
## Text
(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.)
## Notes
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.
Editorial Notes
Amendments1999—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.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 AmendmentPub. 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 AmendmentPub. 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 AmendmentPub. 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.”
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# 37 U.S.C. § 305b - Special pay: service as member of Weapons of Mass Destruction Civil Support Team
## Text
(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.)
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# 37 U.S.C. § 306 - Special pay: officers holding positions of unusual responsibility and of critical nature
## Text
(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–5100 O–4 and below50
(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.)
## Notes
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.
Editorial Notes
Amendments2003—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) redesignated (e). Subsecs. (e), (f). Pub. L. 108–136, § 616(a)(2), redesignated subsecs. (d) and (e) as (e) and (f), respectively. 2002—Subsec. (d). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1992—Subsec. (a). Pub. L. 102–587, § 5205(a), substituted “of pay grade O–6 or below” for “of pay grade O–3, O–4, O–5, or O–6” in text and amended table by substituting “O–4 and below” for “O–4” and striking out line providing monthly rate of $50 for pay grade O–3. Subsec. (c). Pub. L. 102–587, § 5205(b), substituted “in each of the pay grades O–3 and below,” for “in pay grade O–3,”. 1990—Subsec. (f). Pub. L. 101–510 struck out subsec. (f) which read as follows: “The Secretary of Defense shall report to Congress by March 1 of each year following a calendar year in which special pay is disbursed under this section. Negative reports need not be submitted.” 1982—Subsec. (f). Pub. L. 97–322 struck out last sentence providing that the Secretary of Transportation shall make a similar report for the Coast Guard when the Coast Guard is not operating as a service in the Navy. 1980—Subsec. (e). Pub. L. 96–284 made section inapplicable to a person entitled to special pay under section 302a or 302b of this title. Subsec. (f). Pub. L. 96–470 substituted provision requiring the Secretary of Defense to report by Mar. 1 of each year following a calendar year in which special pay is disbursed under this section and providing that negative reports need not be submitted for provision requiring the Secretary of Defense to report by Mar. 1 of each year on the administration of this section within each military department during the preceding calendar year. 1968—Subsecs. (d), (f). Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment 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 1968 AmendmentAmendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on October 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.
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# 37 U.S.C. § 306a - Special pay: members assigned to international military headquarters
## Text
Not more than nine members of the armed forces, including members detailed to international military headquarters, may be paid pay and allowances at rates referred to in section 625(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(d)).
(Added Pub. L. 98–525, title XIV, § 1402(b)(1), Oct. 19, 1984, 98 Stat. 2621.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in the following prior appropriations acts: Oct. 12, 1984, Pub. L. 98–473, title I, § 101(h) [title VIII, § 8005], 98 Stat. 1904, 1922. Dec. 8, 1983, Pub. L. 98–212, title VII, § 708, 97 Stat. 1438. Dec. 21, 1982, Pub. L. 97–377, title I, § 101(c) [title VII, § 708], 96 Stat. 1833, 1850. Dec. 29, 1981, Pub. L. 97–114, title VII, § 708, 95 Stat. 1579. Dec. 15, 1980, Pub. L. 96–527, title VII, § 708, 94 Stat. 3081. Dec. 21, 1979, Pub. L. 96–154, title VII, § 708, 93 Stat. 1152. Oct. 13, 1978, Pub. L. 95–457, title VIII, § 808, 92 Stat. 1244. Sept. 21, 1977, Pub. L. 95–111, title VIII, § 807, 91 Stat. 899. Sept. 22, 1976, Pub. L. 94–419, title VII, § 707, 90 Stat. 1291. Feb. 9, 1976, Pub. L. 94–212, title VII, § 707, 90 Stat. 168. Oct. 8, 1974, Pub. L. 93–437, title VIII, § 807, 88 Stat. 1225. Jan. 2, 1974, Pub. L. 93–238, title VII, § 707, 87 Stat. 1038. Oct. 26, 1972, Pub. L. 92–570, title VII, § 707, 86 Stat. 1196. Dec. 18, 1971, Pub. L. 92–204, title VII, § 707, 85 Stat. 727. Jan. 11, 1971, Pub. L. 91–668, title VIII, § 807, 84 Stat. 2030. Dec. 29, 1969, Pub. L. 91–171, title VI, § 607, 83 Stat. 480.
Statutory Notes and Related Subsidiaries
Effective DateSection 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.
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# 37 U.S.C. § 307 - Special pay: special duty assignment pay for enlisted members
## Text
(a) An enlisted member who is entitled to basic pay and is performing duties which have been designated under subsection (b) as extremely difficult or as involving an unusual degree of responsibility in a military skill may, in addition to other pay or allowances to which he is entitled, be paid special duty assignment pay at a monthly rate not to exceed $600.
(b) The Secretary concerned shall determine which enlisted members under his jurisdiction are to be paid special duty assignment pay under subsection (a). He shall also designate those skills within each armed force under his jurisdiction for which special duty assignment pay is authorized and shall prescribe the criteria under which members of that armed force are eligible for special duty assignment pay in each skill. He may increase, decrease, or abolish such pay for any skill.
(c) 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.
(d) (1) Under regulations prescribed by the Secretary concerned and to the extent provided for by appropriations, when an enlisted 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 duty for which a member described in subsection (a) is entitled to special pay under such subsection, the member of the National Guard or reserve component is entitled to an increase in compensation equal to 1⁄30 of the monthly special duty assignment pay prescribed by the Secretary concerned for the performance of that same duty by members described in subsection (a).
(2) A member of the National Guard or a reserve component entitled to an increase in compensation under paragraph (1) 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.
(3) This subsection does not apply to a member of the National Guard or a reserve component who is entitled to basic pay under section 204 of this title.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 467; Pub. L. 90–623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 98–525, title VI, § 623(b)(1), Oct. 19, 1984, 98 Stat. 2541; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title VI, § 619(a), Feb. 10, 1996, 110 Stat. 363; Pub. L. 106–398, § 1 [[div. A], title VI, §§ 631, 632(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–156; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 307(a)307(b)307(c)307(d)37:240(a).37:240(b).37:240(c).37:240(d).Oct. 12, 1949, ch. 681, § 209; added May 20, 1958, Pub. L. 85–422, § 1(8), 72 Stat. 125. In subsection (a)(1), the words “prescribed in section 232(a) of this title” and “in accordance with his cumulative years of service for pay purposes” are omitted as surplusage and as covered by sections 201, 202, and 203 of this revised title. In subsection (a)(2), the words “special or incentive pays” are omitted as surplusage. In subsections (a)(1) and (b), the word “allowances” is omitted, since, under sections 402 and 403 of this revised title, allowances depend upon pay grade to which assigned, or in which distributed for basic pay purposes. In subsection (b), the words “computed under section 205 of this title” are substituted for the words “cumulative . . . for pay purposes”.
Editorial Notes
Amendments2002—Subsec. (c). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title VI, § 631], substituted “$600” for “$275” and struck out at end “In the case of a member who is serving as a military recruiter and is eligible for special duty assignment pay under this subsection on account of such duty, the Secretary concerned may increase the monthly rate of special duty assignment pay for the member to not more than $375.” Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title VI, § 632(a)], added subsec. (d). 1996—Subsec. (a). Pub. L. 104–106 inserted at end “In the case of a member who is serving as a military recruiter and is eligible for special duty assignment pay under this subsection on account of such duty, the Secretary concerned may increase the monthly rate of special duty assignment pay for the member to not more than $375.” 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)”. 1984—Pub. L. 98–525 substituted “special duty assignment pay for enlisted members” for “proficiency pay for enlisted members” in section catchline. Subsec. (a). Pub. L. 98–525 substituted provisions directing that an enlisted member who is entitled to basic pay and is performing duties which have been designated under subsection (b) of this section as extremely difficult or as involving an unusual degree of responsibility in a military skill may, in addition to other pay or allowances to which he is entitled, be paid special duty assignment pay at a monthly rate not to exceed $275, for provisions which directed that an enlisted member of a uniformed service who was entitled to basic pay and was designated as being specially proficient in a military skill of the uniformed service concerned could (1) be advanced to an enlisted pay grade that was higher than his pay grade at the time of his designation and be entitled to the basic pay and special or incentive pay of that higher grade, or (2) in addition to other pay or allowances to which he was entitled under this title, be paid proficiency pay at a monthly rate that was not more than the rate prescribed in a table for the proficiency rating to which he was assigned, setting maximum monthly rates of $50, $100, or $150. Subsec. (b). Pub. L. 98–525 redesignated subsec. (c) as (b), substituted references to special duty assignment pay for former references to proficiency pay, and struck out provisions which had authorized the Secretary to elect one of two methods formerly set out in subsecs. (a)(1) and (a)(2) for paying each uniformed service under his jurisdiction, with a proviso that if he elected to have proficiency pay paid under former subsec. (a)(1) of this section, enlisted members in a military grade or rank assigned to pay grade E–8 or E–9 could be paid proficiency pay at a monthly rate that is not more than the highest rate prescribed by subsection (a)(2) of this section, but if he elected to have proficiency pay paid under subsection (a)(2) of this section, he could prescribe, within the limitations set forth in that subsection, the pay for each proficiency rating prescribed therein. Former subsec. (b), which had provided that an enlisted member who had less than 8 or 10 years, as the case might be, of enlisted service computed under section 205 of this title and who had been advanced under subsection (a)(1) of this section to pay grade E–8 or E–9, respectively, was entitled to the minimum amount of basic pay and special or incentive pay prescribed for that pay grade until his years of service computed under that section entitled him to a higher rate of those pays, was struck out. Subsecs. (c), (d). Pub. L. 98–525 redesignated subsec. (d) as (c) and substituted “armed forces under his jurisdiction” for “uniformed services under his jurisdiction”. Former subsec. (c) redesignated (b) and amended. 1968—Subsec. (d). Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment 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 AmendmentPub. L. 106–398, § 1 [[div. A], title VI, § 632(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–157, provided that: “The amendment made by subsection (a) [amending this section] shall take effect October 1, 2000.”
Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title VI, § 619(b), Feb. 10, 1996, 110 Stat. 363, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1996.”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–525 effective Oct. 1, 1984, see section 623(c) of Pub. L. 98–525, set out as a note under section 305a of this title.
Effective Date of 1968 AmendmentAmendment 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.
Members Entitled to Special Pay as of September 30, 1984Pub. L. 98–525, title VI, § 623(b)(3), Oct. 19, 1984, 98 Stat. 2542, provided that: “A member of the uniformed services who, on September 30, 1984, was entitled to special pay under section 307 of title 37, United States Code [this section], as in effect on such date, may continue to be paid the special pay authorized by such section as though the amendments made by this subsection [amending this section] had not been made. However, a member may not be paid the special pay authorized by such section as in effect on September 30, 1984, and the special pay authorized by such section as amended by this section.”
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# 37 U.S.C. § 307a - Special pay: assignment incentive pay
## Text
(a) Authority.— The Secretary concerned may pay incentive pay under this section to a member of a uniformed service who performs service, while entitled to basic pay, in an assignment designated by the Secretary concerned. Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.
(b) Written Agreement.— (1) The Secretary concerned may require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a monthly basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the monthly rate of the incentive pay.
(2) The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each installment, of the incentive pay.
(c) Maximum Rate or Amount.— (1) The maximum monthly rate of incentive pay payable to a member on a monthly basis under this section is $3,000.
(2) The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of—
(A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b)(2); and
(B) the number of months in the period for which incentive pay will be paid pursuant to the agreement.
(3) The amount of each installment payment of incentive pay payable to a member on an installment basis under this section shall be the amount equal to—
(A) the product of (i) a monthly rate specified in the written agreement of the member under subsection (b)(2) (which monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which incentive pay will be paid; divided by
(B) the number of installments over such period.
(4) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for the period of the extension may be paid under this section on a monthly basis, in a lump sum, or in installments in accordance with this section.
(d) Repayment.— A member who enters into an agreement under this section and receives incentive pay under the agreement in a lump sum or installments, but who fails to complete the period of service covered by the payment, whether voluntarily or because of misconduct, shall be subject to the repayment provisions of section 303a(e) of this title.
(e) Relationship to Other Pay and Allowances.— Incentive pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
(f) Status Not Affected by Temporary Duty or Leave.— The service of a member in an assignment referred to in subsection (a) shall not be considered discontinued during any period that the member is not performing service in the assignment by reason of—
(1) temporary duty performed by the member pursuant to orders; or
(2) absence of the member for authorized leave, other than leave authorized for a period ending upon the discharge of the member or the release of the member from active duty.
(g) Termination of Authority.— No agreement under this section may be entered into after December 31, 2018.
(Added Pub. L. 107–314, div. A, title VI, § 616(a)(1), Dec. 2, 2002, 116 Stat. 2569; amended Pub. L. 108–375, div. A, title VI, §§ 614(b), 617(a), (b), Oct. 28, 2004, 118 Stat. 1947, 1948; Pub. L. 109–163, div. A, title VI, §§ 624(b), 628, 687(b)(13), Jan. 6, 2006, 119 Stat. 3295, 3296, 3329; Pub. L. 109–364, div. A, title VI, § 614(b), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–417, [div. A], title VI, § 614(b), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, § 615(2), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, § 615(2), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 615(2), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 615(2), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 615(2), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 615(2), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(2), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 615(2), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(2), Dec. 12, 2017, 131 Stat. 1423.)
## Notes
Editorial Notes
Amendments2017—Subsec. (g). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”. 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”. 2006—Subsec. (a). Pub. L. 109–163, § 628(a)(1), struck out “monthly” before “incentive pay” and inserted at end “Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.” Subsec. (b). Pub. L. 109–163, § 628(a)(2), designated existing provisions as par. (1), substituted “the payment of incentive pay on a monthly basis” for “incentive pay” in first sentence, and added par. (2). Subsec. (c). Pub. L. 109–163, § 628(b), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “The maximum monthly rate of incentive pay payable to a member under this section is $1,500.” Subsec. (d). Pub. L. 109–163, § 687(b)(13), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “(1) A member who, pursuant to an agreement under subsection (b)(2), receives a lump sum or installment payment of incentive pay under this section and who fails to complete the total period of service or other conditions specified in the agreement voluntarily or because of misconduct, shall refund to the United States an amount equal to the percentage of incentive pay paid which is equal to the unexpired portion of the service divided by the total period of service. The Secretary concerned may waive repayment of an amount of incentive pay under this section, in whole or in part, if the Secretary determines that conditions and circumstances warrant. “(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. “(3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of the agreement does not discharge the member signing the agreement from a debt arising under paragraph (1).” Pub. L. 109–163, § 628(c), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109–163, § 628(c)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 109–163, § 628(c)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Pub. L. 109–163, § 624(b), substituted “December 31, 2007” for “December 31, 2006”. Subsec. (g). Pub. L. 109–364 substituted “December 31, 2008” for “December 31, 2007”. Pub. L. 109–163, § 628(c)(1), redesignated subsec. (f) as (g). 2004—Subsec. (b). Pub. L. 108–375, § 617(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The period for which incentive pay will be provided under this section and the monthly rate of the incentive pay for a member shall be specified in a written agreement between the Secretary concerned and the member. Agreements entered into by the Secretary of a military department shall require the concurrence of the Secretary of Defense.” Subsec. (e). Pub. L. 108–375, § 617(b), substituted “by reason of—” and pars. (1) and (2) for “by reason of temporary duty performed by the member pursuant to orders or absence of the member for authorized leave.” Subsec. (f). Pub. L. 108–375, § 614(b), substituted “December 31, 2006” for “December 31, 2005”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentPub. L. 108–375, div. A, title VI, § 617(c), Oct. 28, 2004, 118 Stat. 1949, provided that: “Paragraph (2) of section 307a(e) of title 37, United States Code, as added by subsection (b), shall apply with respect to authorized leave occurring on or after the date of the enactment of this Act [Oct. 28, 2004].”
Savings ProvisionFor 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.
Payment of Assignment Incentive Pay for Reserve Members Serving in Combat Zone for More Than 22 MonthsPub. L. 110–181, div. A, title VI, § 624, Jan. 28, 2008, 122 Stat. 153, as amended by Pub. L. 111–383, div. A, title X, § 1075(f)(1), Jan. 7, 2011, 124 Stat. 4375, provided that: “(a) Payment.—The Secretary of a military department may pay assignment incentive pay under section 307a of title 37, United States Code, to a member of a reserve component under the jurisdiction of the Secretary for each month during the eligibility period of the member determined under subsection (b) during which the member served for any portion of the month in a combat zone associated with Operation Enduring Freedom or Operation Iraqi Freedom in excess of 22 months of qualifying service. “(b) Eligibility Period.—The eligibility period for a member extends from January 1, 2005, through the end of the active duty service of the member in a combat zone associated with Operation Enduring Freedom or Operation Iraqi Freedom if the service on active duty during the member’s most recent period of mobilization to active duty began before January 19, 2007. “(c) Amount of Payment.—The monthly rate of incentive pay payable to a member under this section is $1,000. “(d) Qualifying Service.—For purposes of this section, qualifying service includes cumulative mobilized service on active duty under sections 12301(d), 12302, and 12304 of title 10, United States Code, during the period beginning on January 1, 2003, through the end of the member’s active duty service during the member’s most recent period of mobilization to active duty beginning before January 19, 2007.”
Annual ReportPub. L. 107–314, div. A, title VI, § 616(b), Dec. 2, 2002, 116 Stat. 2570, provided that not later than Feb. 28, 2004, and Feb. 28, 2005, the Secretary of Defense was to submit to Congress a report on the use of the authority provided under this section, including an assessment of the utility of that authority.
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---
type: "LegalText"
title: "37 U.S.C. § 308a"
description: "Repealed. Pub. L. 106–398, § 1 [[div. A], title VI, § 624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153]"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "5"
chapter_name: "SPECIAL AND INCENTIVE PAYS"
section: "308a"
citation: "37 U.S.C. § 308a"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc37@119-100.zip"
source_identifier: "/us/usc/t37/s308a"
source_file: "data/legal/raw/us/code/title-37/usc37.xml"
source_hash: "a66e860b09b688a1c54d4e79807d5640e1c4a3881c5d19c6f6d36e4f3fdf8971"
raw_snapshot_hash: "e0a35eb7ef12b7ff3b62c2d230c815f864ad090f207afa5aca869467bb414b1c"
text_hash: "5e599e7810b6338189684363edebd21f98cdbc9176c61dd16f7eae22694de740"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 37 U.S.C. § 308a - Repealed. Pub. L. 106–398, § 1 [[div. A], title VI, § 624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153]
## Notes
Section, added Pub. L. 92–129, title II, § 203(a), Sept. 28, 1971, 85 Stat. 358; amended Pub. L. 93–64, title II, § 204, July 9, 1973, 87 Stat. 149; Pub. L. 93–277, § 2(2), May 10, 1974, 88 Stat. 120; Pub. L. 95–57, § 2, June 29, 1977, 91 Stat. 253; Pub. L. 95–485, title VIII, § 802(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96–342, title VIII, § 804(b), Sept. 8, 1980, 94 Stat. 1092; Pub. L. 97–60, title I, § 117(b), Oct. 14, 1981, 95 Stat. 996; Pub. L. 97–276, title I, § 131, Oct. 2, 1982, 96 Stat. 1197; Pub. L. 97–377, title I, § 101(c) [title VII, § 798], Dec. 21, 1982, 96 Stat. 1833, 1865; Pub. L. 98–14, § 1, Mar. 30, 1983, 97 Stat. 55; Pub. L. 98–525, title VI, § 621(a), Oct. 19, 1984, 98 Stat. 2540; Pub. L. 100–180, div. A, title VI, § 626(a), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101–189, div. A, title VI, § 612(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 102–484, div. A, title VI, § 612(b), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103–160, div. A, title VI, § 613(c), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103–337, div. A, title VI, § 613(c), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, § 613(c), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104–201, div. A, title VI, § 613(c), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, § 613(c), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, § 613(c), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §§ 613(c), 619(a)–(c), Oct. 5, 1999, 113 Stat. 650, 652, 653, related to enlistment bonuses.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 106–398, § 1 [[div. A], title VI, § 624(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153, provided that: “The amendments made by subsection (b) [repealing this section and section 308f of this title] shall take effect on October 1, 2000. The repeal of sections 308a and 308f of title 37, United States Code, by such subsection shall not affect the validity or terms of any bonus provided under such sections for enlistments in the Armed Forces made before that date.”
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