37 U.S.C. § 1007 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 19: ADMINISTRATION / Section 1007: Deductions from pay
Deductions from pay
Status: in_force

(a) The pay of an officer of an armed force may be withheld, under section 5512 of title 5, only for an indebtedness to the United States admitted by the officer or shown by the judgment of a court, or upon a special order issued in the discretion of the Secretary of Defense (or the Secretary of Homeland Security, in the case of an officer of the Coast Guard when the Coast Guard is not operating as a service in the Navy), or upon the denial of relief of an officer pursuant to section 3527 of title 31.

(b) An amount due to the United States from an enlisted member of the Army, the Air Force, or the Space Force for articles sold to the member on credit under section 4621(a)(1) or 9621(a)(1) of title 10, as the case may be, shall be deducted from the next pay due the member after the sale is reported.

(c)(1) Under regulations prescribed by the Secretary concerned, an amount that a member of the uniformed services is administratively determined to owe the United States or any of its instrumentalities may be deducted from the member's pay in monthly installments.

(2) After the deduction of pay forfeited by the sentence of a court-martial, if any, or otherwise authorized by law to be withheld, the deductions authorized by this section may not reduce the pay actually received by a member of the uniformed services for any month to less than one-third of the member's pay for that month.

(3)(A) If the indebtedness of a member of the uniformed services to the United States is due to the overpayment of pay or allowances to the member through no fault of the member, the amount of the overpayment shall be recovered in monthly installments. The amount deducted from the pay of the member for a month to recover the overpayment amount may not exceed 15 percent of the member's pay for that month unless the member requests or consents to collection of the overpayment at an accelerated rate.

(B) In all cases described in subparagraph (A), the Secretary concerned shall provide a reasonable opportunity for the member to request a delay in the imposition of the repayment requirement to recover the indebtedness. Before beginning collection efforts, the Secretary concerned shall consider the reasons provided by the member for the requested delay, including the financial ability of the member to repay the indebtedness, and the hardship that immediate collection would impose on the member and the member's dependents.

(C)(i) In accordance with clause (ii), if the indebtedness of a member of the uniformed services to the United States occurs, through no fault of the member, as a result of the overpayment of pay or allowances to the member or upon the settlement of the member's accounts, the Secretary concerned may not recover the indebtedness from the member, including a retired or former member, using deductions from the pay of the member, deductions from retired or separation pay, or any other collection method unless recovery of the indebtedness commences before the end of the 10-year period beginning on the date on which the indebtedness was incurred.

(ii) Clause (i) applies with respect to indebtedness incurred on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017.

(D)(i) Not later than January 1 of each of 2017 through 2027, the Director of the Defense Finance and Accounting Service shall review all cases occurring during the 10-year period prior to the date of the review of indebtedness of a member of the uniformed services, including a retired or former member, to the United States in which—

(I) the recovery of the indebtedness commenced after the end of the 10-year period beginning on the date on which the indebtedness was incurred; or

(II) the Director did not otherwise notify the member of such indebtedness during such 10-year period.

(ii) The Director shall submit to the congressional defense committees and the Committees on Veterans' Affairs of the House of Representatives and the Senate each review conducted under clause (i), including the amounts owed to the United States by the members included in such review.

(4)(A) If a member of the uniformed services, through no fault of the member, incurs a wound, injury, or illness while in the line of duty in a combat operation or combat zone designated by the President or the Secretary of Defense, any overpayment of pay or allowances made to the member while the member recovers from the wound, injury, or illness may not be deducted from the member's pay until—

(i) the member is notified of the overpayment; and

(ii) the later of the following occurs:

(I) The end of the 180-day period beginning on the date of the completion of the tour of duty of the member in the combat operation or combat zone.

(II) The end of the 90-day period beginning on the date of the reassignment of the member from a military treatment facility or other medical unit outside of the theater of operations.

(B) Subparagraph (A) shall not apply if the member, after receiving notification of the overpayment, requests or consents to initiation at an earlier date of the collection of the overpayment of the pay or allowances.

(d) Subject to subsection (c), an amount due the United States from an enlisted member of the Army, the Air Force, or the Space Force may be deducted from the member's pay on final statement, or from the member's savings on his clothing allowance.

(e) The amount of any damage, or cost of repairs, to arms or equipment caused by the abuse or negligence of a member of the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, who had the care of, or was using, the property when it was damaged, shall be deducted from his pay.

(f) If, upon final settlement of the accounts of an officer of the Army, the Air Force, or the Space Force charged with the issue of an article of military supply, there is a deficiency of that article, or if an article of military supply with whose issue an officer is charged is damaged, the value of the lost article or the amount of the damage shall be charged against the officer and deducted from the officer's monthly pay, unless the officer shows to the satisfaction of the Secretary of the Army or the Secretary of the Air Force, as the case may be, by one or more affidavits setting forth the circumstances, that the officer was not at fault.

(g) An amount due the United States from an officer of the Army, the Air Force, or the Space Force for rations bought on credit, and for articles bought on credit under section 4621(a)(1) or 9621(a)(1) of title 10, shall be deducted from the next pay due that officer after the sale is reported.

(h)(1) Upon request by a service relief society and subject to paragraph (2), an amount owed by a member of the uniformed services to the relief society may be deducted from the pay on final statement of such member and paid to that relief society.

(2) An amount may not be deducted under paragraph (1) from the pay of a member unless the Secretary concerned makes a determination of the amount owed in accordance with the regulations prescribed under subsection (c). Any amount determined to be owed to a service relief society under this paragraph shall be considered an amount that the member is administratively determined to owe the United States under subsection (c) and shall be collectible in accordance with such subsection.

(3) The Secretaries concerned shall prescribe regulations to carry out this subsection.

(4) In this subsection, the term "service relief society" means the Army Emergency Relief, the Air Force Aid Society, the Navy Relief Society, or the Coast Guard Mutual Assistance.

(i)(1) There shall be deducted each month from the pay of each enlisted member, warrant officer, and limited duty officer of the armed forces on active duty an amount (determined under paragraph (3)) not to exceed $1.00.

(2) Amounts deducted under paragraph (1) shall be deposited in the Armed Forces Retirement Home Trust Fund.

(3) The Secretary of Defense or, in the case of the Coast Guard, the Commandant, after consultation with the Chief Operating Officer of the Armed Forces Retirement Home, shall determine from time to time the amount to be deducted under paragraph (1) from the pay of enlisted members, warrant officers, and limited duty officers on the basis of the financial needs of the Armed Forces Retirement Home. The amount to be deducted may be fixed at different amounts on the basis of grade or length of service, or both.

(4) This subsection does not apply to an enlisted member, warrant officer, or limited duty officer of a reserve component.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 491; Pub. L. 89–718, §§71, 72, Nov. 2, 1966, 80 Stat. 1124; Pub. L. 90–83, §5(3), Sept. 11, 1967, 81 Stat. 221; Pub. L. 98–525, title XIII, §1305, Oct. 19, 1984, 98 Stat. 2613; Pub. L. 99–145, title VI, §684, Nov. 8, 1985, 99 Stat. 666; Pub. L. 100–180, div. A, title VI, §633(a), Dec. 4, 1987, 101 Stat. 1105; Pub. L. 101–189, div. A, title III, §343(a), Nov. 29, 1989, 103 Stat. 1420; Pub. L. 101–510, div. A, title XV, §1533(b), Nov. 5, 1990, 104 Stat. 1735; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title X, §1054(a)(7), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 103–337, div. A, title III, §371(a), Oct. 5, 1994, 108 Stat. 2735; Pub. L. 104–106, div. A, title IX, §913(c)(2), Feb. 10, 1996, 110 Stat. 411; Pub. L. 104–201, div. A, title X, §1009(c)(1), Sept. 23, 1996, 110 Stat. 2635; Pub. L. 106–65, div. A, title X, §1066(d)(5), Oct. 5, 1999, 113 Stat. 773; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title X, §1006(b), Dec. 2, 2002, 116 Stat. 2633; Pub. L. 109–364, div. A, title VI, §674, Oct. 17, 2006, 120 Stat. 2272; Pub. L. 111–84, div. A, title VI, §661(a)–(c), Oct. 28, 2009, 123 Stat. 2370; Pub. L. 111–281, title II, §205(b)(2), Oct. 15, 2010, 124 Stat. 2911; Pub. L. 114–328, div. A, title VI, §671(a), Dec. 23, 2016, 130 Stat. 2173; Pub. L. 116–283, div. A, title IX, §925(k)(2), title XIV, §1412(c), Jan. 1, 2021, 134 Stat. 3829, 4031.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

1007(a) 
10:2772. 
[None.]

  
14:461(b). 
[None.]

1007(b) 
10:4837(a). 
[None.]

  
10:9837(a). 
[None.]

1007(c) 
10:4837(b). 
[None.]

  
10:9837(b). 
[None.]

1007(d) 
10:4837(c). 
[None.]

  
10:9837(c). 
[None.]

1007(e) 
10:4837(e). 
[None.]

  
10:9837(e). 
[None.]

1007(f) 
10:4837(f). 
[None.]

  
10:9837(f). 
[None.]

1007(g) 
10:4837(g). 
[None.]

  
10:9837(g). 
[None.]

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (c)(3)(C)(ii), is the date of enactment of Pub. L. 114–328, which was approved Dec. 23, 2016.

Prior Provisions

Provisions similar to those in subsec. (i) of this section were contained in section 44c of Title 24, Hospitals and Asylums, prior to repeal by Pub. L. 101–189, §347(4).

Amendments

2021—Subsec. (b). Pub. L. 116–283, §925(k)(2)(B)(i), which directed substitution of "the member" for "him", was executed by making the substitution in both places it appeared, to reflect the probable intent of Congress.

Pub. L. 116–283, §925(k)(2)(A)(i), substituted ", the Air Force, or the Space Force" for "or the Air Force".

Subsec. (d). Pub. L. 116–283, §925(k)(2)(A)(i), (B)(ii), substituted ", the Air Force, or the Space Force" for "or the Air Force" and substituted "the member's" for "his" in two places.

Subsec. (e). Pub. L. 116–283, §925(k)(2)(A)(ii), substituted "Marine Corps, or Space Force" for "or Marine Corps".

Subsec. (f). Pub. L. 116–283, §925(k)(2)(A)(i), (B)(iii), substituted ", the Air Force, or the Space Force" for "or the Air Force" and "the officer's" for "his" and substituted "the officer" for "he" in two places.

Subsec. (g). Pub. L. 116–283, §925(k)(2)(A)(i), substituted ", the Air Force, or the Space Force" for "or the Air Force".

Subsec. (i)(3). Pub. L. 116–283, §1412(c), substituted "Chief Operating Officer of the Armed Forces Retirement Home" for "Armed Forces Retirement Home Board".

2016—Subsec. (c)(3)(C), (D). Pub. L. 114–328 added subpars. (C) and (D).

2010—Subsec. (i)(3). Pub. L. 111–281, §205(b)(2)(A), inserted "or, in the case of the Coast Guard, the Commandant" after "Secretary of Defense".

Subsec. (i)(4), (5). Pub. L. 111–281, §205(b)(2)(B), (C), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: "In this subsection, the term 'armed forces' does not include the Coast Guard when it is not operating as a service in the Navy."

2009—Subsec. (c)(3). Pub. L. 111–84, §661(a), (b), designated existing provisions as subpar. (A), substituted "15 percent" for "20 percent", and added subpar. (B).

Subsec. (c)(4). Pub. L. 111–84, §661(c), amended par. (4) generally. Prior to amendment, text read as follows: "If a member of the uniformed services is injured or wounded under the circumstances described in section 310(a)(2)(C) of this title or, while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense, any overpayment of pay or allowances made to the member while the member recovers from the wound, injury, or illness may not be deducted from the member's pay until—

"(A) the end of the 90-day period beginning on the date on which the member is notified of the overpayment; or

"(B) such earlier date as may be requested or agreed to by the member."

2006—Subsec. (c). Pub. L. 109–364 designated existing provisions as pars. (1) and (2), in pars. (1) and (2) substituted "the member's pay" for "his pay", in par. (2) substituted "After" for "However, after" and inserted "by a member of the uniformed services" after "actually received", and added pars. (3) and (4).

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

Subsec. (e). Pub. L. 107–314 substituted "Army, Navy, Air Force, or Marine Corps" for "Army or the Air Force".

1999—Subsec. (b). Pub. L. 106–65 struck out at end "An amount due the United States from an enlisted member of the Army or the Air Force for tobacco sold to him by the United States under section 4623 or 9623 of title 10 shall be deducted from his pay in the manner provided for the settlement of clothing accounts."

1996—Subsec. (a). Pub. L. 104–201 inserted "(or the Secretary of Transportation, in the case of an officer of the Coast Guard when the Coast Guard is not operating as a service in the Navy)" after "Secretary of Defense".

Pub. L. 104–106 substituted "Secretary of Defense, or upon the denial of relief of an officer pursuant to section 3527 of title 31" for "Secretary concerned".

1994—Subsec. (i)(1). Pub. L. 103–337 substituted "$1.00" for "50 cents".

1992—Subsec. (i)(3). Pub. L. 102–484 substituted ", warrant officers, and limited duty officers" for "and warrant officers".

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

1990—Subsec. (i)(1). Pub. L. 101–510, §1533(b)(1), substituted ", warrant officer, and limited duty officer" for "and warrant officer".

Subsec. (i)(2). Pub. L. 101–510, §1533(b)(2), added par. (2) and struck out former par. (2) which read as follows: "Amounts deducted under paragraph (1) shall be—

"(A) deposited in the Soldiers' Home, permanent fund, in the case of deductions from the pay of enlisted members and warrant officers in the Army and Air Force; and

"(B) credited to the funds available for the operation of the Naval Home, in the case of deductions from the pay of enlisted members and warrant officers in the Navy, Marine Corps, or Coast Guard (when it is operating as a service in the Navy)."

Subsec. (i)(2)(B). Pub. L. 101–510, §1533(b)(1), which directed amendment of subpar. (B) by substituting ", warrant officer, and limited duty officer" for "and warrant officer", could not be executed because the words "and warrant officer" did not appear.

Subsec. (i)(3). Pub. L. 101–510, §1533(b)(3), substituted "Armed Forces Retirement Home Board" for "Governor of the Naval Home and the board of commissioners for the United States Soldiers' and Airmen's Home" and "of the Armed Forces Retirement Home" for "of the homes".

Pub. L. 101–510, §1533(b)(1), which directed amendment of par. (3) by substituting ", warrant officer, and limited duty officer" for "and warrant officer", could not be executed because the words "and warrant officer" did not appear.

Subsec. (i)(5). Pub. L. 101–510, §1533(b)(4), substituted ", warrant officer, or limited duty officer" for "or warrant officer".

1989—Subsec. (i). Pub. L. 101–189 added subsec. (i).

1987—Subsec. (h). Pub. L. 100–180 added subsec. (h).

1985—Subsec. (c). Pub. L. 99–145 substituted "uniformed services" for "armed forces".

1984—Subsec. (c). Pub. L. 98–525 substituted "a member of the armed forces" for "an enlisted member of the Army or the Air Force".

1967—Subsec. (b). Pub. L. 90–83 struck out requirement that, in case of a member of the Army, the report be made to Chief of Finance.

1966—Subsec. (a). Pub. L. 89–718, §71, substituted "section 5512 of title 5" for "section 82 of title 5".

Subsec. (c). Pub. L. 89–718, §72, substituted "pay" for "basic pay" as the amount which cannot be reduced below one-third through deductions from enlisted men of the Army or Air Force who have been administratively determined to owe the United States, payable by deductions in monthly installments.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title VI, §661(d), Oct. 28, 2009, 123 Stat. 2370, provided that: "The amendments made by this section [amending this section] shall apply only with respect to an overpayment of pay or allowances made to a member of the uniformed services after the date of the enactment of this Act [Oct. 28, 2009]."

Effective Date of 2002 Amendments

Amendment by Pub. L. 107–314 applicable with respect to loss, spoilage, unserviceability, unsuitability, or destruction of, or damage to, property of United States under control of Department of Defense occurring on or after effective date of regulations prescribed pursuant to section 2787 of Title 10, Armed Forces, see section 1006(d) of Pub. L. 107–314, set out as an Effective Date note under section 2787 of Title 10.

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

Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title III, §371(d)(1), Oct. 5, 1994, 108 Stat. 2735, provided that: "(1) The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1995, and apply to years that begin on or after that date."

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–510 effective one year after Nov. 5, 1990, see section 1541 of Pub. L. 101–510, formerly set out as an Effective Date note under section 401 of Title 24, Hospitals and Asylums.

Effective Date of 1989 Amendment

Pub. L. 101–189, div. A, title III, §343(b), Nov. 29, 1989, 103 Stat. 1421, provided that:

"(1) Except as provided in paragraph (2), subsection (i) of section 1007 of title 37, United States Code, as added by subsection (a), shall take effect on the first day of the first month beginning after the date of the enactment of this Act [Nov. 29, 1989].

"(2) With respect to deductions from the pay of an enlisted member or warrant officer in the Navy, Marine Corps, or Coast Guard (when it is operating as a service in the Navy), such subsection shall take effect on October 1, 1990."

Effective Date of 1987 Amendment

Pub. L. 100–180, div. A, title VI, §633(b), Dec. 4, 1987, 101 Stat. 1106, provided that: "Subsection (h) of section 1007 of title 37, United States Code (as added by subsection (a)), shall apply with respect to debts incurred by members of the uniformed services after the date of the enactment of this Act [Dec. 4, 1987]."

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, set out as a note under section 542 of Title 6.
37 U.S.C. § 308d (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 5: SPECIAL AND INCENTIVE PAYS / Subchapter I: EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES / Section 308d: Special pay: members of the Selected Reserve assigned to certain high priority units
Special pay: members of the Selected Reserve assigned to certain high priority units
Status: in_force

(a) Under regulations prescribed by the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a member who is assigned to a high priority unit of the Selected Reserve of the Ready Reserve of an armed force, as designated under subsection (b), and who performs inactive duty for training for compensation under section 206 of this title with such unit may be paid compensation, in addition to the compensation to which the member is otherwise entitled, in an amount not to exceed $50 for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least four hours, including any such instruction or duty performed on a Sunday or holiday.

(b) The Secretary concerned may designate a unit, for the purposes of subsection (a) and under such terms and conditions as the Secretary considers appropriate, as a high priority unit if that unit has experienced, or reasonably might be expected to experience, critical personnel shortages. The Secretary may vacate a designation made under this subsection at any time he considers the designation no longer necessary.

(c) Additional compensation may not be paid under this section for inactive duty performed after December 31, 2018.

(Added Pub. L. 101–189, div. A, title V, §505(a)(1), Nov. 29, 1989, 103 Stat. 1437; amended Pub. L. 102–190, div. A, title VI, §612(b)(1), Dec. 5, 1991, 105 Stat. 1376; Pub. L. 102–484, div. A, title VI, §612(e), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103–160, div. A, title VI, §613(d), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103–337, div. A, title VI, §613(d), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, §613(d), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104–201, div. A, title VI, §611(d), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105–85, div. A, title VI, §611(d), Nov. 18, 1997, 111 Stat. 1785; Pub. L. 105–261, div. A, title VI, §611(d), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 106–65, div. A, title VI, §§611(d), 621, Oct. 5, 1999, 113 Stat. 650, 653; Pub. L. 106–398, §1 [[div. A], title VI, §621(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–151; Pub. L. 107–107, div. A, title VI, §611(d), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, §611(c), Dec. 2, 2002, 116 Stat. 2567; Pub. L. 108–136, div. A, title VI, §611(c), Nov. 24, 2003, 117 Stat. 1500; Pub. L. 108–375, div. A, title VI, §611(c), Oct. 28, 2004, 118 Stat. 1946; Pub. L. 109–163, div. A, title VI, §§621(b), 632(a)–(c)(1), Jan. 6, 2006, 119 Stat. 3294, 3299; Pub. L. 109–364, div. A, title VI, §611(c), Oct. 17, 2006, 120 Stat. 2247; Pub. L. 110–181, div. A, title VI, §611(c), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, §611(c), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, §611(3), Oct. 28, 2009, 123 Stat. 2352; Pub. L. 111–383, div. A, title VI, §611(3), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §611(3), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §611(3), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §611(3), Dec. 26, 2013, 127 Stat. 779; Pub. L. 113–291, div. A, title VI, §611(3), Dec. 19, 2014, 128 Stat. 3399; Pub. L. 114–92, div. A, title VI, §611(3), Nov. 25, 2015, 129 Stat. 837; Pub. L. 114–328, div. A, title VI, §611(3), Dec. 23, 2016, 130 Stat. 2157; Pub. L. 115–91, div. A, title VI, §611(3), Dec. 12, 2017, 131 Stat. 1421.)

Editorial Notes

Prior Provisions

A prior section 308d, added Pub. L. 96–342, title VIII, §805(a)(1), Sept. 8, 1980, 94 Stat. 1092, related to special pay and to a bonus for enlistment, reenlistment, or extension of enlistment in elements of the Ready Reserve other than the Selected Reserve, prior to repeal by Pub. L. 98–94, title X, §1011(b)(1), Sept. 24, 1983, 97 Stat. 664, effective Oct. 1, 1983. See sections 308g and 308h of this title.

Amendments

2017—Subsec. (c). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (c). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (c). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (c). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (c). 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. (c). 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. (c). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (c). 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—Pub. L. 109–163, §632(c)(1), substituted "Special pay: members of the Selected Reserve assigned to certain high priority units" for "Special pay: enlisted members of the Selected Reserve assigned to certain high priority units" in section catchline.

Subsec. (a). Pub. L. 109–163, §632(a), (b), substituted "a member" for "an enlisted member" and "$50" for "$10".

Subsec. (c). Pub. L. 109–364 substituted "December 31, 2007" for "December 31, 2006".

Pub. L. 109–163, §621(b), substituted "December 31, 2006" for "December 31, 2005".

2004—Subsec. (c). Pub. L. 108–375 substituted "December 31, 2005" for "December 31, 2004".

2003—Subsec. (c). Pub. L. 108–136 substituted "December 31, 2004" for "December 31, 2003".

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

Subsec. (c). Pub. L. 107–314 substituted "December 31, 2003" for "December 31, 2002".

2001—Subsec. (c). Pub. L. 107–107 substituted "December 31, 2002" for "December 31, 2001".

2000—Subsec. (c). Pub. L. 106–398 substituted "December 31, 2001" for "December 31, 2000".

1999—Subsec. (a). Pub. L. 106–65, §621, inserted "or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy," after "Secretary of Defense,".

Subsec. (c). Pub. L. 106–65, §611(d), substituted "December 31, 2000" for "December 31, 1999".

1998—Subsec. (c). Pub. L. 105–261 substituted "December 31, 1999" for "September 30, 1999".

1997—Subsec. (c). Pub. L. 105–85 substituted "September 30, 1999" for "September 30, 1998".

1996—Subsec. (c). 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. (c). Pub. L. 103–337 substituted "September 30, 1996" for "September 30, 1995".

1993—Subsec. (c). Pub. L. 103–160 substituted "September 30, 1995" for "September 30, 1993".

1992—Subsec. (c). Pub. L. 102–484 substituted "September 30, 1993" for "September 30, 1992".

1991—Subsec. (c). Pub. L. 102–190 substituted "1992" for "1991".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date of 2002 Amendment

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

Effective Date of 1993 Amendment

Pub. L. 103–160, div. A, title VI, §613(h)(2), Nov. 30, 1993, 107 Stat. 1682, provided that: "The amendment made by subsection (d) [amending this section] shall take effect as of September 30, 1993, and shall apply with respect to inactive duty for training performed after that date for which special pay is authorized under section 308d of title 37, United States Code."

Effective Date of 1992 Amendment

Pub. L. 102–484, div. A, title VI, §612(j)(1), Oct. 23, 1992, 106 Stat. 2421, provided that: "The amendment made by subsection (e) [amending this section] shall take effect as of September 30, 1992, and shall apply with respect to inactive duty for training performed after that date for which special pay is authorized under section 308d of title 37, United States Code."

Effective Date of 1991 Amendment

Pub. L. 102–190, div. A, title VI, §612(b)(2), Dec. 5, 1991, 105 Stat. 1376, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect as of September 30, 1991, and shall apply with respect to inactive duty for training performed after that date for which special pay is authorized under section 308d of such title."

Report to Congress

Pub. L. 101–189, div. A, title V, §505(b), Nov. 29, 1989, 103 Stat. 1438, directed Secretary of Defense, not later than May 1, 1991, to submit to Congress a report on the administration of the special pay program provided for in 37 U.S.C. 308d.
37 U.S.C. § 101 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 1: DEFINITIONS / Section 101: Definitions
Definitions
Status: in_force

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 by the Secretary concerned under section 206 of this title or any other law; and

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

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

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

(24) The term "reserve component" means—

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

(B) the Army Reserve;

(C) the Navy Reserve;

(D) the Marine Corps Reserve;

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

(F) the Air Force Reserve;

(G) the Coast Guard Reserve; or

(H) the Reserve Corps 1 of the Public Health Service.

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

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

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 451; Pub. L. 89–718, §49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90–623, §3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92–492, §3, Oct. 13, 1972, 86 Stat. 810; Pub. L. 93–419, §1, Sept. 19, 1974, 88 Stat. 1152; Pub. L. 96–513, title V, §§506(1), 516(1), Dec. 12, 1980, 94 Stat. 2918, 2937; Pub. L. 96–579, §11, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 96–600, §3(b), Dec. 24, 1980, 94 Stat. 3494; Pub. L. 98–525, title IV, §414(c), Oct. 19, 1984, 98 Stat. 2520; Pub. L. 100–26, §8(e)(1), Apr. 21, 1987, 101 Stat. 286; Pub. L. 100–456, div. A, title XII, §1233(f)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 102–190, div. A, title VI, §631(b), Dec. 5, 1991, 105 Stat. 1380; Pub. L. 102–484, div. A, title X, §1051(b)(2), Oct. 23, 1992, 106 Stat. 2498; Pub. L. 103–160, div. A, title XI, §1182(c)(1), Nov. 30, 1993, 107 Stat. 1772; Pub. L. 105–85, div. A, title VI, §603(d)(1)(A), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 105–261, div. A, title VI, §651, Oct. 17, 1998, 112 Stat. 2051; Pub. L. 107–107, div. A, title VI, §603(b), Dec. 28, 2001, 115 Stat. 1133; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, §654(a), Dec. 2, 2002, 116 Stat. 2581; Pub. L. 109–163, div. A, title V, §515(d)(1)(A), Jan. 6, 2006, 119 Stat. 3235; Pub. L. 116–283, div. A, title IX, §925(a), Jan. 1, 2021, 134 Stat. 3826.)

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 Text

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

Amendments

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 Amendment

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

Effective Date of 1997 Amendment

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

Effective Date of 1980 Amendment

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

Effective Date of 1974 Amendment

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

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Short Title of 1981 Amendment

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

Short Title of 1980 Amendments

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

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

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

Short Title of 1976 Amendment

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

Short Title of 1974 Amendments

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

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

Short Title of 1963 Amendment

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

Transfer of Functions

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

1 See Change of Name note below.
37 U.S.C. § 552 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 10: PAYMENTS TO MISSING PERSONS / Section 552: Pay and allowances; continuance while in a missing status; limitations
Pay and allowances; continuance while in a missing status; limitations
Status: in_force

(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.)

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

Amendments

2017—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 Amendment

Pub. 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 Amendment

Amendment 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.
37 U.S.C. § 302b (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 5: SPECIAL AND INCENTIVE PAYS / Subchapter I: EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES / Section 302b: Special pay: dental officers of the armed forces
Special pay: dental officers of the armed forces
Status: in_force

(a) Variable, Additional, Board Certification, and Incentive Special Pay.—(1) An officer who—

(A) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and

(B) is on active duty under a call or order to active duty for a period of not less than one year,

is entitled to special pay in accordance with this subsection.

(2) An officer described in paragraph (1) who is serving in a pay grade below pay grade O–7 is entitled to variable special pay at the following rates:

(A) $3,000 per year, if the officer is undergoing dental internship training or has less than three years of creditable service.

(B) $7,000 per year, if the officer has at least three but less than six years of creditable service and is not undergoing dental internship training.

(C) $7,000 per year, if the officer has at least six but less than eight years of creditable service.

(D) $12,000 per year, if the officer has at least eight but less than 12 years of creditable service.

(E) $10,000 per year, if the officer has at least 12 but less than 14 years of creditable service.

(F) $9,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

(G) $8,000 per year, if the officer has 18 or more years of creditable service.

(3) An officer described in paragraph (1) who is serving in a pay grade above pay grade O–6 is entitled to variable special pay at the rate of $7,000 per year.

(4) An officer who is entitled to variable special pay under paragraph (2) or (3) is also entitled to additional special pay for any 12-month period during which an agreement executed under subsection (b) is in effect with respect to the officer. Such additional special pay shall be paid at a rate determined by the Secretary concerned, which rate may not exceed the following:

(A) $10,000 per year, if the officer has less than three years of creditable service.

(B) $12,000 per year, if the officer has at least three but less than 10 years of creditable service.

(C) $15,000 per year, if the officer has 10 or more years of creditable service.

(5) An officer who is entitled to variable special pay under paragraph (2) or (3) and who is board certified is entitled to additional special pay at the following rates:

(A) $2,500 per year, if the officer has less than 10 years of creditable service.

(B) $3,500 per year, if the officer has at least 10 but less than 12 years of creditable service.

(C) $4,000 per year, if the officer has at least 12 but less than 14 years of creditable service.

(D) $5,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

(E) $6,000 per year, if the officer has 18 or more years of creditable service.

(6) An officer described in paragraph (1) who is an oral or maxillofacial surgeon may be paid incentive special pay at the same rates, and subject to the same terms and conditions, as incentive special pay available for medical officers under section 302(b) of this title.

(b) Active-Duty Agreement.—(1) An officer may not be paid additional special pay under paragraph (4) or (6) of subsection (a) for any 12-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay.

(2) Under regulations prescribed by the Secretary of Defense under section 303a(a) of this title, the Secretary of the military department concerned may terminate at any time an officer's entitlement to the special pay authorized by paragraph (4) or (6) of subsection (a). If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.

(c) Regulations.—Regulations prescribed by the Secretary of Defense under section 303a(a) of this title shall include standards for determining—

(1) whether an officer is undergoing internship or residency training for purposes of subsections (a)(2)(A), (a)(2)(B), and (a)(4); and

(2) whether an officer is board certified for purposes of subsection (a)(5).

(d) Frequency of Payments.—Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) shall be paid monthly. Special pay payable to an officer under paragraph (4) or (6) of subsection (a) shall be paid annually at the beginning of the 12-month period for which the officer is entitled to such payment.

(e) Repayment.—An officer who does not complete the period of active duty specified in the agreement referred to in subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title.

(f) Determination of Creditable Service.—For purposes of this section, creditable service of an officer is computed by adding—

(1) all periods which the officer spent in dental internship or residency training during which the officer was not on active duty; and

(2) all periods of active service in the Dental Corps of the Army or Navy, as an officer of the Air Force designated as a dental officer, or as a dental officer of the Public Health Service.

(g) Reserve Dental Officers Special Pay.—(1) A reserve dental officer described in paragraph (2) is entitled to special pay at the rate of $350 a month for each month of active duty, including active duty in the form of annual training, active duty for training, and active duty for special work.

(2) A reserve dental officer referred to in paragraph (1) is a reserve officer who—

(A) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and

(B) is on active duty under a call or order to active duty for a period of less than one year.

(Added Pub. L. 93–274, §1(2), May 6, 1974, 88 Stat. 94; amended Pub. L. 96–284, §4(b), June 28, 1980, 94 Stat. 591; Pub. L. 99–145, title VI, §639(a), Nov. 8, 1985, 99 Stat. 649; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–201, div. A, title VI, §615(a), (b), (e), Sept. 23, 1996, 110 Stat. 2545, 2547; Pub. L. 105–85, div. A, title VI, §618, Nov. 18, 1997, 111 Stat. 1789; Pub. L. 109–163, div. A, title VI, §§625, 626, 687(b)(6), Jan. 6, 2006, 119 Stat. 3295, 3328; Pub. L. 109–364, div. A, title VI, §615(a), Oct. 17, 2006, 120 Stat. 2249; Pub. L. 110–181, div. A, title VI, §616(a), Jan. 28, 2008, 122 Stat. 150.)

Editorial Notes

Amendments

2008—Subsec. (a)(4). Pub. L. 110–181, §616(a)(1), substituted "at a rate determined by the Secretary concerned, which rate may not exceed the following" for "at the following rates" in introductory provisions.

Subsec. (a)(4)(A). Pub. L. 110–181, §616(a)(2), substituted "$10,000" for "$4,000".

Subsec. (a)(4)(B). Pub. L. 110–181, §616(a)(3), substituted "$12,000" for "$6,000".

2006—Subsec. (a). Pub. L. 109–163, §625(a)(1), substituted "Board Certification, and Incentive" for "and Board Certification" in heading.

Subsec. (a)(4). Pub. L. 109–364 in introductory provisions substituted "An officer who is entitled to variable special pay under paragraph (2) or (3) is also entitled to additional special pay for any 12-month period during which an agreement executed under subsection (b) is in effect with respect to the officer" for "Subject to subsection (b), an officer entitled to variable special pay under paragraph (2) or (3) also is entitled to additional special pay for any 12-month period during which the officer is not undergoing dental internship or initial residency training".

Pub. L. 109–163, §626, inserted "also" before "is entitled" and "initial" before "residency" in introductory provisions.

Subsec. (a)(6). Pub. L. 109–163, §625(a)(2), added par. (6).

Subsec. (b). Pub. L. 109–163, §625(b), substituted "paragraph (4) or (6) of subsection (a)" for "subsection (a)(4)" in two places.

Subsec. (b)(2). Pub. L. 109–163, §687(b)(6)(A), added second sentence and struck out former second sentence which read as follows: "If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period on active duty that the officer served, and the officer may be required to refund any amount in excess of that entitlement."

Subsec. (d). Pub. L. 109–163, §625(b), substituted "paragraph (4) or (6) of subsection (a)" for "subsection (a)(4)".

Subsec. (e). Pub. L. 109–163, §687(b)(6)(B), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: "An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made."

Subsecs. (f) to (h). Pub. L. 109–163, §687(b)(6)(C), (D), redesignated subsecs. (g) and (h) as (f) and (g), respectively, and struck out heading and text of former subsec. (f). Text read as follows: "A discharge in bankruptcy under title 11 shall not release a person from an obligation to reimburse the United States required under the terms of an agreement described in subsection (b) if the final decree of the discharge in bankruptcy was issued within a period of five years after the last day of a period which such person had agreed to serve on active duty. This subsection applies to a discharge in bankruptcy in any proceeding which begins after September 30, 1985."

1997—Subsec. (a)(2)(C) to (G). Pub. L. 105–85, §618(a), added subpars. (C) to (G) and struck out former subpars. (C) to (F) which read as follows:

"(C) $7,000 per year, if the officer has at least six but less than 10 years of creditable service.

"(D) $6,000 per year, if the officer has at least 10 but less than 14 years of creditable service.

"(E) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

"(F) $3,000 per year, if the officer has 18 or more years of creditable service."

Subsec. (a)(3). Pub. L. 105–85, §618(b), substituted "$7,000" for "$1,000".

Subsec. (a)(4)(B) to (D). Pub. L. 105–85, §618(c), added subpars. (B) and (C) and struck out former subpars. (B) to (D) which read as follows:

"(B) $6,000 per year, if the officer has at least three but less than 14 years of creditable service.

"(C) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

"(D) $10,000 per year, if the officer has at least 18 or more years of creditable service."

1996—Subsec. (a). Pub. L. 104–201, §615(e)(1), inserted heading.

Subsec. (a)(2). Pub. L. 104–201, §615(a)(1), substituted "$3,000" for "$1,200" in subpar. (A), "$7,000" for "$2,000" in subpar. (B), and "$7,000" for "$4,000" in subpar. (C).

Subsec. (a)(4). Pub. L. 104–201, §615(a)(2), added subpars. (A) to (D) and struck out former subpars. (A) to (C) which read as follows:

"(A) $6,000 per year, if the officer has at least three but less than 14 years of creditable service.

"(B) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

"(C) $10,000 per year, if the officer has 18 or more years of creditable service."

Subsec. (a)(5). Pub. L. 104–201, §615(a)(3), added subpars. (A) to (E) and struck out former subpars. (A) to (C) which read as follows:

"(A) $2,000 per year, if the officer has less than 12 years of creditable service.

"(B) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service.

"(C) $4,000 per year, if the officer has 14 or more years of creditable service."

Subsecs. (b) to (g). Pub. L. 104–201, §615(e)(2)–(7), inserted headings.

Subsec. (h). Pub. L. 104–201, §615(b), added subsec. (h).

1991—Pub. L. 102–25 struck out "of this section" wherever appearing, except in subsec. (g), and struck out "of this subsection" wherever appearing.

1985—Pub. L. 99–145 amended section generally, substituting "Special pay: dental officers of the armed forces" for "Special pay: dentists" in section catchline and new text for former text which read as follows: "An officer of the Army or Navy in the Dental Corps, an officer of the Air Force who is designated as a dental officer, or a dental officer of the Public Health Service, who is on active duty for a period of at least one year is entitled to special pay at the following rates—

"(1) $100 a month for each month of active duty if he has not completed two years of active duty in the Dental Corps or as a dental officer;

"(2) $150 a month for each month of active duty if he has completed at least two years of active duty in the Dental Corps or as a dental officer;

"(3) $250 a month for each month of active duty if he has completed at least six years of active duty in the Dental Corps or as a dental officer; or

"(4) $350 a month for each month of active duty if he has completed at least ten years of active duty in the Dental Corps or as a dental officer."

1980—Pub. L. 96–284 struck out ", in addition to any other pay or allowances to which he is entitled," after "entitled" and last sentence containing prohibition against inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title VI, §616(b), Jan. 28, 2008, 122 Stat. 150, provided that: "The amendments made by this section [amending this section] shall apply with respect to agreements entered into under section 302b(b) of title 37, United States Code, on or after the date of the enactment of this Act [Jan. 28, 2008]."

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, §615(b), Oct. 17, 2006, 120 Stat. 2249, provided that: "The amendment made by this section [amending this section] shall take effect on October 1, 2006."

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §639(f), Nov. 8, 1985, 99 Stat. 651, provided that: "The amendments made by this section [amending this section, repealing section 311 of this title, and enacting provisions set out as notes under this section] take effect on October 1, 1985."

Effective Date

Section effective June 1, 1974, see section 2 of Pub. L. 93–274, set out as an Effective Date of 1974 Amendment note under section 302 of this title.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Authority for Certain Dental Officers To Execute New Agreements

Pub. L. 99–145, title VI, §639(c), Nov. 8, 1985, 99 Stat. 651, provided that:

"(1) Subject to paragraphs (2) and (3), a dental officer who on October 1, 1985, is performing obligated service under an agreement under section 311 of title 37, United States Code, that—

"(A) was executed after June 29, 1985; and

"(B) is affected by the limitation in section 8091 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98–473),

may execute a new agreement under section 302b of such title (as amended by subsection (a)).

"(2) A dental officer may not execute a new agreement under paragraph (1) unless the amount that may be paid such officer under an agreement under section 302b of title 37, United States Code (as amended by subsection (a)), is greater than the amount to be paid the officer under the existing agreement of the officer under section 311 of such title.

"(3) In executing a written agreement under paragraph (1), the officer shall agree to remain on active duty for an additional length of time equal to or exceeding the length of time originally required by the existing agreement, beginning on the date the officer accepts the award of special pay under the new agreement.

"(4) If a new agreement is executed under this subsection, the existing agreement of the officer shall be canceled.

"(5) For the purposes of this section, the term 'dental officer' has the meaning given that term in section 101 of title 10, United States Code."

Minimum Special Pay

Pub. L. 99–145, title VI, §639(d), Nov. 8, 1985, 99 Stat. 651, as amended by Pub. L. 99–661, div. A, title XIII, §1342(c), Nov. 14, 1986, 100 Stat. 3991, provided that:

"(1) An officer described in paragraph (2) who, after September 30, 1985, is entitled to special pay under section 302b of title 37, United States Code (as amended by subsection (a)), may (notwithstanding the provisions of such section and in the discretion of the Secretary concerned) be paid such pay, in order to prevent inequities, in an annual amount equal to the total annual amount of dental continuation pay under section 311 of title 37, United States Code, and special pay for dental officers under section 302b of that title to which that officer would have been entitled on September 30, 1985, in accordance with the status of the officer (as determined by the Secretary concerned) during the period for which the pay is paid. Notwithstanding the preceding sentence, an officer may not be paid special pay by reason of this paragraph in an amount greater than the amount of special pay to which the officer was entitled under such sections on September 30, 1985.

"(2) Paragraph (1) applies to an officer who on September 30, 1985, is entitled to dental continuation pay under section 311 of title 37, United States Code; or to special pay for dental officers under section 302b of that title."

[Amendment of this note by Pub. L. 99–661 effective Nov. 14, 1986, see section 1342(h)(1) of Pub. L. 99–661, set out as an Effective Date of 1986 Amendment note under section 301 of this title.]
37 U.S.C. § 553 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 10: PAYMENTS TO MISSING PERSONS / Section 553: Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations
Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations
Status: in_force

(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.)

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

Amendments

1996—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).
37 U.S.C. § 1008 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 19: ADMINISTRATION / Section 1008: Presidential recommendations concerning adjustments and changes in pay and allowances
Presidential recommendations concerning adjustments and changes in pay and allowances
Status: in_force

(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.)

Editorial Notes

Amendments

1996—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 Date

Section 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.

Review

Pub. 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.
37 U.S.C. § 302g (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 5: SPECIAL AND INCENTIVE PAYS / Subchapter I: EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES / Section 302g: Special pay: Selected Reserve health care professionals in critically short wartime specialties
Special pay: Selected Reserve health care professionals in critically short wartime specialties
Status: in_force

(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.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 100–456, div. A, title VI, §613, Sept. 29, 1988, 102 Stat. 1981, which was set out as a note under section 302 of this title, prior to repeal by Pub. L. 104–106, §614(c)(1).

Amendments

2017—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 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, §616(b), Oct. 17, 2006, 120 Stat. 2249, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 302g of title 37, United States Code, on or after that date."

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.
37 U.S.C. § 456 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 8: TRAVEL AND TRANSPORTATION ALLOWANCES / Subchapter I: TRAVEL AND TRANSPORTATION AUTHORITIES-NEW LAW / Section 456: Managed travel program refunds
Managed travel program refunds
Status: in_force

(a) Credit of Refunds.—The Secretary of Defense may credit refunds attributable to Department of Defense managed travel programs as a direct result of official travel to such operation and maintenance or research, development, test, and evaluation accounts of the Department as designated by the Secretary that are available for obligation for the fiscal year in which the refund or amount is collected.

(b) Use of Refunds.—Refunds credited under subsection (a) may only be used for official travel or operations and efficiency improvements for improved financial management of official travel.

(c) Definitions.—In this section:

(1) Managed travel program.—The term "managed travel program" includes air, rental car, train, bus, dining, lodging, and travel management, but does not include rebates or refunds attributable to the use of the Government travel card, the Government Purchase Card, or Government travel arranged by Government Contracted Travel Management Centers.

(2) Refund.—The term "refund" includes miscellaneous receipts credited to the Department identified as a refund, rebate, repayment, or other similar amounts collected.

(Added Pub. L. 116–92, div. A, title VI, §606(a), Dec. 20, 2019, 133 Stat. 1424.)
37 U.S.C. § 551 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 10: PAYMENTS TO MISSING PERSONS / Section 551: Definitions
Definitions
Status: in_force

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.)

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

Amendments

1997—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 Amendment

Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.
37 U.S.C. § 372 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 5: SPECIAL AND INCENTIVE PAYS / Subchapter III: GENERAL PROVISIONS / Section 372: Continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action
Continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action
Status: in_force

(a) Continuation of Pays.—If a member of a regular or reserve component of a uniformed service incurs a wound, injury, or illness in the line of duty while serving in a combat operation or a combat zone, while serving in a hostile fire area, or while exposed to a hostile fire event, as described under section 351 of this title, and is hospitalized for treatment of the wound, injury, or illness, the Secretary concerned may continue to pay to the member, notwithstanding any provision of this chapter to the contrary, all pay and allowances (including any bonus, incentive pay, or similar benefit) that were being paid to the member at the time the member incurred the wound, injury, or illness.

(b) Duration.—The payment of pay and allowances to a member under subsection (a) may continue until the end of the first month beginning after the earliest of the following dates:

(1) The date on which the member is returned for assignment to other than a medical or patient unit for duty; however, in the case of a member under the jurisdiction of a Secretary of a military department, the date on which the member is determined fit for duty.

(2) One year after the date on which the member is first hospitalized for the treatment of the wound, injury, or illness, except that the Secretary concerned may extend the termination date in six-month increments.

(3) The date on which the member is discharged, separated, or retired (including temporary disability retirement) from the uniformed services.

(c) Bonus, Incentive Pay, or Similar Benefit Defined.—In this section, the term "bonus, incentive pay, or similar benefit" means a bonus, incentive pay, special pay, or similar payment paid to a member of the uniformed services under this title or title 10.

(Added Pub. L. 110–181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 176; amended Pub. L. 116–92, div. A, title VI, §601, Dec. 20, 2019, 133 Stat. 1423.)

Editorial Notes

Amendments

2019—Subsec. (b)(1). Pub. L. 116–92 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The date on which the member is returned for assignment to other than a medical or patient unit for duty."
37 U.S.C. § 302l (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 5: SPECIAL AND INCENTIVE PAYS / Subchapter I: EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES / Section 302l: Special pay: accession bonus for dental specialist officers in critically short wartime specialties
Special pay: accession bonus for dental specialist officers in critically short wartime specialties
Status: in_force

(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.)

Editorial Notes

Amendments

2017—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 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date

Section effective Oct. 1, 2006, and applicable to agreements entered into on or after that date, see section 617(e) of Pub. L. 109–364, set out as an Effective Date of 2006 Amendment note under section 302h of this title.
37 U.S.C. § 602 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 11: PAYMENTS TO MENTALLY INCOMPETENT PERSONS / Section 602: Payments: designation of person to receive amounts due
Payments: designation of person to receive amounts due
Status: in_force

(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.)

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

Amendments

2016—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 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
37 U.S.C. § 306 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 5: SPECIAL AND INCENTIVE PAYS / Subchapter I: EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES / Section 306: Special pay: officers holding positions of unusual responsibility and of critical nature
Special pay: officers holding positions of unusual responsibility and of critical nature
Status: in_force

(a)(1) The Secretary concerned may designate positions of unusual responsibility which are of a critical nature to an armed force under his jurisdiction and may pay special pay, in addition to other pay prescribed by law, to an officer of an armed force described in paragraph (2) who is performing the duties of such a position, at the following monthly rates:

 

Pay GradeMonthly Rate

O–6 
$150

O–5 
100

O–4 and below 
50

(2) An officer of the armed forces referred to in paragraph (1) is an officer who is entitled to the basic pay under section 204 of this title, or the compensation under section 206 of this title, of pay grade O–6 or below.

(b) If an officer entitled to compensation under section 206 of this title is paid special pay under subsection (a) for the performance of duties in a position designated under such subsection, the special pay shall be paid at the rate of 1/30 of the monthly rate authorized by such subsection for each day of the performance of duties in the designated position.

(c) The Secretary concerned shall prescribe the criteria and circumstances under which officers of an armed force under his jurisdiction are eligible for special pay under this section and, when he considers it necessary, may abolish that special pay.

(d)(1) Not more than 5 percent of the number of officers on active duty (other than for training or mobilization in support of a contingency operation) in an armed force in each of the pay grades O–3 and below, and not more than 10 percent of the number of officers on active duty in an armed force in pay grade O–4, O–5, or O–6, may be paid special pay under this section.

(2) Of the number of officers in the Selected Reserve of the Ready Reserve of an armed force who are not on active duty (other than for training or mobilization in support of a contingency operation), not more than 5 percent of the number of such officers in each of the pay grades O–3 and below, and not more than 10 percent of the number of such officers in pay grade O–4, O–5, or O–6, may be paid special pay under subsection (b).

(e) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction, and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.

(f) This section does not apply to a person who is entitled to special pay under section 302, 302a, 302b, or 303 of this title.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 466; Pub. L. 90–623, §3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–284, §6, June 28, 1980, 94 Stat. 593; Pub. L. 96–470, title II, §202(b), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 97–322, title I, §116, Oct. 15, 1982, 96 Stat. 1586; Pub. L. 101–510, div. A, title XIII, §1322(c)(3), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–587, title V, §5205, Nov. 4, 1992, 106 Stat. 5074; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title VI, §616, Nov. 24, 2003, 117 Stat. 1502.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

306(a) 
37:241(a) (less last sentence). 
Oct. 12, 1949, ch. 681, §210; added May 20, 1958, Pub. L. 85–422, §1(8), 72 Stat. 126.

306(b) 
37:241(a) (last sentence).

306(c) 
37:241(b).

306(d) 
37:241(c).

306(e) 
37:241(d).

306(f) 
37:241(e).

In subsection (a), the words "an armed force under his jurisdiction" are substituted for the words "the service concerned" in the first sentence of section 241(a) of existing title 37 to conform to the last sentence of that subsection.

In subsection (c), the words "(other than for training)" are inserted for clarity, since members on duty for training only are not included in computing strength authorizations.

Editorial Notes

Amendments

2003—Subsec. (a). Pub. L. 108–136, §616(a)(1), designated existing provisions as par. (1), substituted "described in paragraph (2)" for "who is entitled to the basic pay of pay grade O–6 or below and", and added par. (2).

Subsec. (b). Pub. L. 108–136, §616(a)(3), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 108–136, §616(a)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 108–136, §616(b), designated existing provisions as par. (1), inserted "or mobilization in support of a contingency operation" after "training", and added par. (2).

Pub. L. 108–136, §616(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) 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 Amendment

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

Effective Date of 1968 Amendment

Amendment 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.
37 U.S.C. § 312 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 5: SPECIAL AND INCENTIVE PAYS / Subchapter I: EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES / Section 312: Special pay: nuclear-qualified officers extending period of active service
Special pay: nuclear-qualified officers extending period of active service
Status: in_force

(a) Special Pay Authorized; Eligibility.—Under regulations to be prescribed by the Secretary of the Navy, the Secretary may pay special pay under subsection (b) to an officer of the naval service who—

(1) is entitled to basic pay;

(2) has the current technical qualification for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants; and

(3) executes a written agreement to remain on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants for a period of not less than three years, so long as the new period of obligated active service does not extend beyond the end of 30 years of commissioned service, in addition to any other period of obligated active service.

(b) Payment Amount; Payment Options.—(1) The total amount paid to an officer under an agreement under subsection (a) or (e)(1) may not exceed $30,000 for each year of the active-service agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled.

(2) The Secretary shall determine annually the necessity for continuance of the special pay and the rate of special pay per year for such active-service agreements accepted within each 12-month period.

(3) Upon acceptance of an agreement under subsection (a) or (e)(1) by the Secretary, the total amount payable shall be paid in a single lump-sum or in annual installments of equal or different amounts over the length of the contract, commencing at the expiration of any existing period of obligated active service.

(4) The Secretary may accept an active service agreement under this section not more than one year in advance of the end of an officer's existing period of obligated active service under such an agreement. In such a case, the amount of the special pay may be paid commencing with the date of acceptance of the agreement, and, if the special pay will be paid in annual installments, the number of installments may not exceed the number of years covered by the agreement plus one.

(c) Repayment.—An officer who does not complete the period of active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants that the officer agreed to serve, and for which a payment was made under subsection (b) or (e)(1), shall be subject to the repayment provisions of section 303a(e) of this title.

(d) Relation to Service Obligation.—Nothing in this section shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion of the additional period of active service under this section shall in no way obligate the President to accept a resignation submitted by a regular officer.

(e) New Agreement.—(1) An officer who is performing obligated service under an agreement under subsection (a) may, if the amount that may be paid under subsection (b) is higher than at the time the officer executed such agreement, execute a new agreement under this subsection. The period of such an agreement shall be a period equal to or exceeding the original period of the officer's existing agreement, so long as the period of obligated active service under the new agreement does not extend beyond the maximum number of years of commissioned service authorized by subsection (a)(3). If a new agreement is executed under this subsection, the existing active-service agreement shall be cancelled, effective on the day before an anniversary date of that agreement after the date on which the amount that may be paid under this section is increased.

(2) This subsection shall be carried out under regulations prescribed by the Secretary of the Navy.

(f) Duration of Authority.—The provisions of this section shall be effective only in the case of officers who, on or before December 31, 2018, execute the required written agreement to remain in active service.

(Added Pub. L. 91–20, §1(1), June 3, 1969, 83 Stat. 12; amended Pub. L. 92–581, §1(1), (2), Oct. 27, 1972, 86 Stat. 1277; Pub. L. 94–356, §2, July 12, 1976, 90 Stat. 901; Pub. L. 96–513, title V, §516(8), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, §2(a), Dec. 23, 1980, 94 Stat. 3359; Pub. L. 99–145, title VI, §632(a), Nov. 8, 1985, 99 Stat. 643; Pub. L. 101–189, div. A, title VI, §614(a), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title VI, §613(g), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, §613(e), Feb. 10, 1996, 110 Stat. 360; Pub. L. 104–201, div. A, title VI, §613(d), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, §§613(d), 624(a), Nov. 18, 1997, 111 Stat. 1786, 1793; Pub. L. 105–261, div. A, title VI, §613(d), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §§613(e), 624(a), Oct. 5, 1999, 113 Stat. 650, 654; Pub. L. 106–398, §1 [[div. A], title VI, §623(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–152; Pub. L. 107–107, div. A, title VI, §613(a), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–314, div. A, title VI, §613(a), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, §613(a), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, §613(a), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§623(a), 637, 687(b)(21), Jan. 6, 2006, 119 Stat. 3294, 3301, 3331; Pub. L. 109–364, div. A, title VI, §§613(a), 618, Oct. 17, 2006, 120 Stat. 2248, 2251; Pub. L. 110–181, div. A, title VI, §§613(a), 621(a), Jan. 28, 2008, 122 Stat. 149, 151; Pub. L. 110–417, [div. A], title VI, §§613(a), 617, Oct. 14, 2008, 122 Stat. 4485, 4486; Pub. L. 111–84, div. A, title VI, §613(1), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §613(1), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §613(1), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §613(1), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §613(1), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §613(1), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §613(1), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §613(1), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, §613(1), Dec. 12, 2017, 131 Stat. 1422.)

Editorial Notes

Amendments

2017—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. (a)(3). Pub. L. 110–417, §617, substituted "not less than three years" for "three, four, or five years".

Pub. L. 110–181, §621(a)(1), substituted "30 years" for "26 years".

Subsec. (e)(1). Pub. L. 110–181, §621(a)(2), substituted "the maximum number of years of commissioned service authorized by subsection (a)(3)" for "the end of 26 years of commissioned service".

Subsec. (f). Pub. L. 110–417, §613(a), substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181, §613(a), substituted "December 31, 2008" for "December 31, 2007".

2006—Subsec. (a). Pub. L. 109–364, §618(c)(1), inserted heading.

Pub. L. 109–364, §618(b)(2)(C), designated concluding provisions as subsec. (b).

Pub. L. 109–364, §618(b)(2)(A), substituted "the Secretary may pay special pay under subsection (b) to an officer" for "an officer" in introductory provisions.

Pub. L. 109–364, §618(a), in concluding provisions, substituted "in a single lump-sum or in annual installments of equal or different amounts" for "in equal annual installments" and "and, if the special pay will be paid in annual installments, the number of installments may not exceed the number of years covered by the agreement plus one" for "with the number of installments being equal to the number of years covered by the contract plus one".

Pub. L. 109–163, §637, substituted "$30,000" for "$25,000" in concluding provisions.

Subsec. (a)(3). Pub. L. 109–364, §618(b)(2)(B), substituted period for comma at end.

Subsec. (b). Pub. L. 109–364, §618(b)(1), (2)(C)–(E), designated concluding provisions of subsec. (a) as (b), inserted heading, and substituted "(1) The total amount paid to an officer under an agreement under subsection (a) or (e)(1) may not exceed $30,000 for each year of the active-service agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled." for "may, upon the acceptance by the Secretary or his designee of the written agreement, in addition to all other compensation to which he is entitled, be paid a sum of money not to exceed $30,000 for each year of the active-service agreement.", "(2) The Secretary shall" for "The Secretary of the Navy shall", "(3) Upon acceptance of an agreement under subsection (a) or (e)(1) by the Secretary" for "Upon acceptance of the agreement by the Secretary or his designee", and "(4) The Secretary" for "The Secretary (or his designee)". Former subsec. (b) redesignated (c).

Pub. L. 109–163, §687(b)(21), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Pursuant to regulations prescribed by the Secretary of the Navy and subject to such exceptions as may be prescribed in those regulations, refunds, on a pro rata basis, of sums paid pursuant to this section may be required if the officer having received the payment fails to complete the full period of active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants which he agreed to serve."

Subsec. (c). Pub. L. 109–364, §618(b)(1), (3), (c)(2), redesignated subsec. (b) as (c), inserted heading, and substituted "subsection (b) or (e)(1)" for "subsection (a) or subsection (d)(1)". Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 109–364, §618(b)(1), (c)(3), redesignated subsec. (c) as (d) and inserted heading. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 109–364, §618(b)(1), (c)(4), redesignated subsec. (d) as (e) and inserted heading. Former subsec. (e) redesignated (f).

Pub. L. 109–364, §613(a), substituted "December 31, 2007" for "December 31, 2006".

Pub. L. 109–163, §623(a), substituted "December 31, 2006" for "December 31, 2005".

Subsec. (e)(1). Pub. L. 109–364, §618(b)(4), in first sentence, substituted "subsection (b)" for "such subsection" and "this subsection" for "that subsection".

Subsec. (f). Pub. L. 109–364, §618(b)(1), (c)(5), redesignated subsec. (e) as (f) and inserted heading.

2004—Subsec. (e). Pub. L. 108–375 substituted "December 31, 2005" for "December 31, 2004".

2003—Subsec. (e). Pub. L. 108–136 substituted "December 31, 2004" for "December 31, 2003".

2002—Subsec. (e). Pub. L. 107–314 substituted "December 31, 2003" for "December 31, 2002".

2001—Subsec. (e). Pub. L. 107–107 substituted "December 31, 2002" for "December 31, 2001".

2000—Subsec. (e). Pub. L. 106–398 substituted "December 31, 2001" for "December 31, 2000".

1999—Subsec. (a). Pub. L. 106–65, §624(a), substituted "$25,000" for "$15,000" in concluding provisions.

Subsec. (e). Pub. L. 106–65, §613(e), substituted "December 31, 2000" for "December 31, 1999".

1998—Subsec. (e). Pub. L. 105–261 substituted "December 31, 1999" for "September 30, 1999".

1997—Subsec. (a). Pub. L. 105–85, §624(a), substituted "$15,000" for "$12,000" in concluding provisions.

Subsec. (e). Pub. L. 105–85, §613(d), substituted "September 30, 1999" for "September 30, 1998".

1996—Subsec. (e). 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. (e). Pub. L. 103–337 substituted "September 30, 1996" for "September 30, 1995".

1991—Subsec. (d)(1). Pub. L. 102–25 struck out "of this section" after "subsection (a)".

1989—Subsec. (e). Pub. L. 101–189 substituted "September 30, 1995" for "September 30, 1990".

1985—Subsec. (a). Pub. L. 99–145, §632(a)(1)(D), in provisions following numbered clauses, substituted "$12,000" for "$7,000", "annually" for "semiannually", "12-month period" for "six-month period", and "shall be paid in equal annual installments over the length of the contract, commencing at the expiration of any existing period of obligated active service. The Secretary (or his designee) may accept an active service agreement under this section not more than one year in advance of the end of an officer's existing period of obligated active service under such an agreement. In such a case, the amount of the special pay may be paid commencing with the date of acceptance of the agreement, with the number of installments being equal to the number of years covered by the contract plus one" for "shall become fixed and shall be paid in four equal yearly installments, commencing at the expiration of the initial obligated service; except, the Secretary or his designee may accept the active-service agreement not more than one year in advance of the expiration of the initial obligated active service and the amount may then be paid in five yearly installments, not to exceed $5,600 per year, commencing with the date of acceptance of the agreement".

Subsec. (a)(2) to (4). Pub. L. 99–145, §632(a)(1)(A)–(C), inserted "and" at end of cl. (2), redesignated cl. (4) as (3) and substituted "for a period of three, four, or five years, so long as the new period of obligated active service does not extend beyond the end of 26 years of commissioned service," for "for one period of four years", and struck out former cl. (3) which related to an officer of the naval service who had not completed ten years of commissioned service.

Subsec. (b). Pub. L. 99–145, §632(a)(2), (3), redesignated subsec. (c) as (b), struck out "of four years" after "complete the full period", and struck out former subsec. (b) which provided that no more than one agreement for each officer would be accepted under this section.

Subsec. (c). Pub. L. 99–145, §632(a)(4), redesignated subsec. (d) as (c), and substituted "additional period of active service under this section shall in no way obligate the President to accept a resignation submitted by a regular officer." for "additional period of four years' active service under this section shall in no way obligate the President to accept a resignation submitted by a regular officer at the end of the four-year period." Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 99–145, §632(a)(5), added subsec. (d). Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 99–145, §632(a)(6), substituted "September 30, 1990" for "September 30, 1987".

1980—Subsec. (a). Pub. L. 96–579, §2(a)(1), substituted "$7,000" and "$5,600" for "$5,000" and "$4,000", respectively.

Pub. L. 96–513 redesignated cls. (3) to (5) as (2) to (4), respectively. Former cl. (2) was repealed by Pub. L. 92–581, §1(2)(A), Oct. 27, 1972, 86 Stat. 1277.

Subsec. (e). Pub. L. 96–579, §2(a)(2), substituted "September 30, 1987" for "September 30, 1981".

1976—Subsec. (a). Pub. L. 94–356, §2(1), substituted "$5,000" for "$3,750" and "$4,000" for "$3,000".

Subsec. (e). Pub. L. 94–356, §2(2), substituted "September 30, 1981" for "June 30, 1975".

1972—Pub. L. 92–581, §1(1), struck out "submarine" in section catchline.

Subsec. (a)(2). Pub. L. 92–581, §1(2)(A), struck out cl. (2) which referred to officers of the naval service currently designated "qualified in submarines".

Subsec. (a)(5). Pub. L. 92–581, §1(2)(B), substituted "on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants", for "in active submarine service".

Subsec. (c). Pub. L. 92–581, §1(2)(C), substituted "duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants", for "submarine service".

Subsec. (d). Pub. L. 92–581, §1(2)(D), struck out "submarine".

Subsec. (e). Pub. L. 92–581, §1(2)(E), substituted "1975" for "1973".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by section 613(a) of Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, §624(d)(1), Oct. 5, 1999, 113 Stat. 654, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 312b of this title] shall take effect on October 1, 1999, and shall apply to agreements under section 312 or 312b of such title entered into on or after that date."

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title VI, §624(d), Nov. 18, 1997, 111 Stat. 1793, provided that:

"(1) The amendments made by this section [amending this section and sections 312b and 312c of this title] shall take effect as of October 1, 1997.

"(2) The amendments made by subsections (a) and (b) [amending this section and section 312b of this title] shall apply with respect to agreements accepted under sections 312(a) and 312b(a), respectively, of title 37, United States Code, on or after October 1, 1997."

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §632(d), Nov. 8, 1985, 99 Stat. 646, provided that: "The amendments made by this section [amending this section and sections 312b and 312c of this title] shall take effect on October 1, 1985."

Effective Date of 1980 Amendments

Pub. L. 96–579, §2(d)(1), Dec. 23, 1980, 94 Stat. 3360, provided: "The amendments made by subsection (a)(1) [amending this section] shall apply only with respect to active-duty agreements under section 312 of title 37, United States Code, executed on or after the first day of the first month following the month in which this section is enacted [Dec. 1980]."

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 1976 Amendment

Pub. L. 94–356, §5, July 12, 1976, 90 Stat. 904, provided that: "This Act [enacting section 312b of this title, amending this section, and enacting provisions set out as notes under this section and section 301 of this title] becomes effective on the first day of the first month after enactment [Aug. 1, 1976], except that section 312c of title 37, United States Code, as added by this Act, is effective as of October 1, 1975."

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Effect of Amendment by Pub. L. 110–181 on Existing Agreements

Pub. L. 110–181, div. A, title VI, §621(b), Jan. 28, 2008, 122 Stat. 152, provided that: "The Secretary of the Navy and an officer of the naval service who is a party to an agreement under section 312 of title 37, United States Code, that was entered into before the date of the enactment of this Act [Jan. 28, 2008] may revise the agreement to reflect the new limitation on the number of years of commissioned service that the officer may serve while remaining eligible for special pay under such section."

Active Service Agreements for Nuclear Qualified Officers

Pub. L. 97–60, title I, §118, Oct. 14, 1981, 95 Stat. 997, provided that: "Notwithstanding subsections (a) and (b) of section 312 of title 37, United States Code, and under regulations prescribed by the Secretary of the Navy, the Secretary of the Navy may permit an officer of the naval service who is performing obligated service as the result of an active-service agreement executed under such section before January 1, 1981, to cancel that active-service agreement effective on the day before an anniversary of the day on which that agreement was executed and execute a new active-service agreement under such section for one period of four years. Any such cancellation of an existing agreement and execution of a new agreement may be effective on the day before an anniversary date occurring on or after January 1, 1981."

Exchange of Active Service Agreements by Naval Officers

Pub. L. 94–356, §4, July 12, 1976, 90 Stat. 903, provided that: "Notwithstanding any other provision of this Act [enacting section 312b and 312c of this title, amending this section, and enacting provisions set out as notes under this section and section 301 of this title] or any other provision of law, and under regulations prescribed by the Secretary of the Navy, an officer of the naval service who, on or after the effective date of this Act [see Effective Date of 1976 Amendment above], is, or will be, performing obligated service as the result of an active service agreement executed in accordance with section 312 of title 37, United States Code as it existed at any time before the effective date of this Act, may be permitted—

"(1) as of the last day of the first year of that obligated service, to cancel that active service agreement in exchange for a new active service agreement in accordance with section 312 of title 37, as amended by this Act; or

"(2) as of the last day of any year, other than the last year, of that obligated service, to cancel that active service agreement in exchange for eligibility for the annual bonus authorized by section 312c of title 37, as added by this Act, and an agreement to remain on active duty for a period of time equal to the period of obligated service remaining under that active service agreement."
37 U.S.C. § 312a (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 5: SPECIAL AND INCENTIVE PAYS / Subchapter I: EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES / Section 312a: Repealed. Pub. L. 109-163, div. A, title VI, §629(d)(1), Jan. 6, 2006, 119 Stat. 3297
Repealed. Pub. L. 109-163, div. A, title VI, §629(d)(1), Jan. 6, 2006, 119 Stat. 3297
Status: repealed

[§312a. Repealed. Pub. L. 109–163, div. A, title VI, §629(d)(1), Jan. 6, 2006, 119 Stat. 3297]

Section, added Pub. L. 92–581, §1(3), Oct. 27, 1972, 86 Stat. 1277; amended Pub. L. 97–295, §3(3), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117, related to special pay for nuclear-trained and qualified enlisted members.
37 U.S.C. § 907 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 17: MISCELLANEOUS RIGHTS AND BENEFITS / Section 907: Enlisted members and warrant officers appointed as officers: pay and allowances stabilized
Enlisted members and warrant officers appointed as officers: pay and allowances stabilized
Status: in_force

(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 1 355 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.)

Editorial Notes

Amendments

2017—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 Amendment

Pub. 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 Amendment

Pub. 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."

1 So in original.
37 U.S.C. § 353 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 5: SPECIAL AND INCENTIVE PAYS / Subchapter II: CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES / Section 353: Skill incentive pay or proficiency bonus
Skill incentive pay or proficiency bonus
Status: in_force

(a) Skill Incentive Pay.—The Secretary concerned may pay a monthly skill incentive pay to a member of a regular or reserve component of the uniformed services who—

(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and

(2) serves in a career field or skill designated as critical by the Secretary concerned.

(b) Skill Proficiency Bonus.—

(1) Availability; eligible persons.—The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who—

(A) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title or is enrolled in an officer training program; and

(B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.

(2) Inclusion of certain senior rotc members.—A proficiency bonus may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers' Training Corps program even though the student is in the first year of the four-year course under the program. During the period covered by the proficiency bonus, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives incentive pay under subsection (g)(2) 1 for the same period, the student may receive only a single monthly subsistence allowance under section 209(c) of this title.

(c) Maximum Amounts and Methods of Payment.—

(1) Skill incentive pay.—(A) Skill incentive pay under subsection (a) may not exceed $1,750 a month.

(B) If a member does not satisfy the eligibility requirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of skill incentive pay, the Secretary concerned may prorate the payment amount to reflect the duration of the member's actual qualifying service during the month. A member of a reserve component entitled to compensation under section 206 of this title who is authorized skill incentive pay under subsection (a) may be paid an amount of such pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.

(2) Proficiency bonus.—A proficiency bonus under subsection (b) may be paid in a lump sum at the beginning of the proficiency certification period or in periodic installments during the proficiency certification period. The amount of the bonus may not exceed $55,000 for each 12-month period of certification. The Secretary concerned may not vary the criteria or rates for the proficiency bonus paid for officers and enlisted members.

(d) Certified Proficiency for Proficiency Bonus.—

(1) Certification required.—Proficiency in a designated critical skill for purposes of subsection (b) shall be subject to annual certification by the Secretary concerned.

(2) Duration of certification.—A certification period for purposes of subsection (c)(2) shall expire at the end of the one-year period beginning on the first day of the first month beginning on or after the certification date.

(3) Waiver.—Notwithstanding paragraphs (1) and (2), the regulations prescribed to administer this section shall address the circumstances under which the Secretary concerned may waive the certification requirement under paragraph (1) or extend a certification period under paragraph (2).

(e) Written Agreement.—

(1) Discretionary for skill incentive pay.—The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of skill incentive pay under subsection (a). The written agreement shall specify the period for which the skill incentive pay will be paid to the member and the monthly rate of the pay.

(2) Required for proficiency bonus.—The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of a proficiency bonus under subsection (b). The written agreement shall specify the amount of the proficiency bonus, the period for which the bonus will be paid, and the initial certification or recertification necessary for payment of the proficiency bonus.

(f) Foreign Language Studies in Officer Training Programs.—

(1) Availability of incentive pay.—The Secretary concerned may pay incentive pay to a person enrolled in an officer training program to also participate in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.

(2) Inclusion of certain senior rotc members.—Incentive pay may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers' Training Corps program even though the student is in the first year of the four-year course under the program. While the student receives the incentive pay, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives a proficiency bonus under subsection (b)(2) covering the same month, the student may receive only a single monthly subsistence allowance under section 209(c) of this title.

(3) Critical foreign language defined.—In this section, the term "critical foreign language" includes Arabic, Korean, Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, Russian, Portuguese, or other language designated as critical by the Secretary concerned.

(g) Repayment.—A member who receives skill incentive pay or a proficiency bonus under this section and who fails to fulfill the eligibility requirement for receipt of the pay or bonus shall be subject to the repayment provisions of section 373 of this title.

(h) Relationship to Other Pays and Allowances.—A member may not be paid more than one pay under this section in any month for the same period of service and skill. A member may be paid skill incentive pay or the proficiency bonus under this section in addition to any other pay and allowances to which the member is entitled, except that a member may not be paid skill incentive pay or a proficiency bonus under this section and hazardous duty pay under section 351 of this title for the same period of service in the same career field or skill.

(i) Termination of Authority.—No agreement may be entered into under this section after December 31, 2025.

(Added Pub. L. 110–181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 175; amended Pub. L. 110–417, [div. A], title VI, §619(a), Oct. 14, 2008, 122 Stat. 4487; Pub. L. 111–84, div. A, title VI, §§614(8), 618(d), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111–383, div. A, title VI, §614(8), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §614(8), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §614(8), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, §614(8), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, §614(9), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, §614(9), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, §614(9), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, §614(9), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, §611(d)(8), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, §611(d)(8), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, §611(d)(8), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, §611(d)(8), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §§601(d)(8), 602(d), Dec. 23, 2022, 136 Stat. 2620; Pub. L. 118–31, div. A, title VI, §613(d)(8), Dec. 22, 2023, 137 Stat. 292; Pub. L. 118–159, div. A, title VI, §§611(d)(8), 613, Dec. 23, 2024, 138 Stat. 1932, 1933.)

Editorial Notes

References in Text

Subsection (g)(2), referred to in subsec. (b)(2), was redesignated subsec. (f)(2) by Pub. L. 111–84, div. A, title VI, §618(d)(1), Oct. 28, 2009, 123 Stat. 2356.

Amendments

2024—Subsec. (c)(2). Pub. L. 118–159, §613, substituted "$55,000" for "$12,000".

Subsec. (i). Pub. L. 118–159, §611(d)(8), substituted "December 31, 2025" for "December 31, 2024".

2023—Subsec. (i). Pub. L. 118–31 substituted "December 31, 2024" for "December 31, 2023".

2022—Subsec. (c)(1)(A). Pub. L. 117–263, §602(d), substituted "$1,750" for "$1,000".

Subsec. (i). Pub. L. 117–263, §601(d)(8), substituted "December 31, 2023" for "December 31, 2022".

2021—Subsec. (i). 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. (i). Pub. L. 116–92 substituted "December 31, 2020" for "December 31, 2019".

2018—Subsec. (i). Pub. L. 115–232 substituted "December 31, 2019" for "December 31, 2018".

2017—Subsec. (i). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (i). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (i). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (i). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (i). 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. (i). 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. (c)(1). Pub. L. 111–84, §618(d)(2), added par. (1) and struck out former par. (1) which provided that skill incentive pay was not to exceed $1,000 per month.

Subsecs. (f) to (i). Pub. L. 111–84, §618(d)(1), redesignated subsecs. (g) to (j) as (f) to (i), respectively, and struck out former subsec. (f) which related to reserve component members performing inactive duty training.

Subsec. (j). Pub. L. 111–84, §618(d)(1), redesignated subsec. (j) as (i).

Pub. L. 111–84, §614(8), substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (b). Pub. L. 110–417, §619(a)(1), amended subsec. (b) generally. Prior to amendment, text read as follows: "The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who—

"(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and

"(2) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned."

Subsecs. (g) to (j). Pub. L. 110–417, §619(a)(2), added subsec. (g) and redesignated former subsecs. (g) to (i) as (h) to (j), respectively.

Statutory Notes and Related Subsidiaries

Pilot Program for Foreign Language Proficiency Training for Reserve Members

Pub. L. 110–417, [div. A], title VI, §619(c), Oct. 14, 2008, 122 Stat. 4489, provided that:

"(1) Pilot program required.—The Secretary of Defense shall conduct a pilot program to provide a skill proficiency bonus under section 353(b) of title 37, United States Code, to a member of a reserve component of the uniformed services who is entitled to compensation under section 206 of such title while the member participates in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical under such section 353.

"(2) Duration of pilot program.—The Secretary shall conduct the pilot program during the period beginning on October 1, 2008, and ending on December 31, 2013. Incentive pay may not be provided under the pilot program after December 31, 2013.

"(3) Reporting requirement.—Not later than March 31, 2012, the Secretary shall submit to Congress a report containing the results of the pilot program and the recommendations of the Secretary regarding whether to continue or expand the pilot program."

Expedited Implementation

Pub. L. 110–417, [div. A], title VI, §619(d), Oct. 14, 2008, 122 Stat. 4489, as amended by Pub. L. 111–383, div. A, title X, §1075(e)(10), Jan. 7, 2011, 124 Stat. 4375, provided that: "Notwithstanding section 662 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a military department may immediately implement the amendments made by subsection (a) [amending this section] in order to ensure the prompt availability of proficiency bonuses and incentive pay under section 353 of title 37, United States Code, as amended by such subsection, for persons enrolled in officer training programs."

1 See References in Text note below.
37 U.S.C. § 307a (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 5: SPECIAL AND INCENTIVE PAYS / Subchapter I: EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES / Section 307a: Special pay: assignment incentive pay
Special pay: assignment incentive pay
Status: in_force

(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.)

Editorial Notes

Amendments

2017—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 Amendment

Pub. 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 Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Payment of Assignment Incentive Pay for Reserve Members Serving in Combat Zone for More Than 22 Months

Pub. 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 Report

Pub. 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.
37 U.S.C. § 453 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 8: TRAVEL AND TRANSPORTATION ALLOWANCES / Subchapter I: TRAVEL AND TRANSPORTATION AUTHORITIES-NEW LAW / Section 453: Allowable travel and transportation: specific authorities
Allowable travel and transportation: specific authorities
Status: in_force

(a) In General.—In addition to any other authority for the provision of travel and transportation allowances, the administering Secretaries may provide travel and transportation allowances under this subchapter in accordance with this section.

(b) Authorized Absence From Temporary Duty Location.—An authorized traveler may be paid travel and transportation allowances, or reimbursed for actual and necessary expenses of travel, incurred at a temporary duty location during an authorized absence from that location.

(c) Movement of Personal Property.—(1) A member of a uniformed service may be allowed moving expenses and transportation allowances for self and dependents associated with the movement of personal property and household goods, including such expenses when associated with a self-move.

(2) The authority in paragraph (1) includes the movement and temporary and non-temporary storage of personal property, household goods, and privately owned vehicles in connection with the temporary or permanent move between authorized locations.

(3) For movement of household goods, the administering Secretaries shall prescribe weight allowances in regulations under section 464 of this title. The prescribed weight allowances may not exceed 18,000 pounds (including household goods in temporary storage, but excluding packing and crating), except that the administering Secretary may, on a case-by-case basis, authorize additional weight allowances as necessary.

(4) The administering Secretary may prescribe the terms, rates, and conditions that authorize a member of the uniformed services to ship or store privately owned vehicles.

(5) No carrier, port agent, warehouseman, freight forwarder, or other person involved in the transportation of property may have any lien on, or hold, impound, or otherwise interfere with, the movement of baggage and household goods being transported under this section.

(d) Unusual or Emergency Circumstances.—An authorized traveler may be provided travel and transportation allowances under this section for unusual, extraordinary, hardship, or emergency circumstances, including circumstances warranting evacuation from a permanent duty assignment location.

(e) Particular Separation Provisions.—The administering Secretary may provide travel-in-kind and transportation-in-kind for the following persons in accordance with regulations prescribed under section 464 of this title:

(1) A member who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10.

(2) A member who is retired with pay under any other law or who, immediately following at least eight years of continuous active duty with no single break therein of more than 90 days, is discharged with separation pay or is involuntarily released from active duty with separation pay or readjustment pay.

(3) A member who is discharged under section 1173 of title 10.

(f) Attendance at Memorial Ceremonies and Services.—A family member or member of the uniformed services who attends a deceased member's repatriation, burial, or memorial ceremony or service may be provided travel and transportation allowances to the extent provided in regulations prescribed under section 464 of this title.

(g) Reimbursement of Qualifying Spouse Relicensing Costs and Business Costs.—(1) From amounts otherwise made available for a fiscal year to provide travel and transportation allowances under this chapter, the Secretary concerned may reimburse a member of the uniformed services for qualified relicensing costs and qualified business costs of the spouse of the member when—

(A) the member relocates to a new jurisdiction or geographic area as the result of—

(i) an assignment to a duty station;

(ii) a reassignment, either as a result of a permanent change of station or permanent change of assignment, between duty stations;

(iii) a transfer from a regular component of a uniformed service into the Selected Reserve of the Ready Reserve of a uniformed service, if the member is authorized a final move from the last duty station to the new jurisdiction or geographic area; or

(iv) placement on the temporary disability retired list under chapter 61 of title 10; and

(B) the movement of the member's dependents is authorized at the expense of the United States under this section as part of the relocation.

(2)(A) Reimbursement provided to a member under this subsection for qualified relicensing costs may not exceed $1,000 in connection with each relocation described in paragraph (1).

(B) Reimbursement provided to a member under this subsection for qualified business costs may not exceed $1,000 in connection with each relocation described in paragraph (1).

(3) No reimbursement may be provided under this subsection for qualified relicensing costs or qualified business costs paid or incurred after December 31, 2029.

(4) In this subsection, the term "qualified relicensing costs" means costs, including exam, continuing education courses, business license, permit, and registration fees, incurred by the spouse of a member if—

(A) the spouse was licensed or certified in a profession, or owned a business, during the member's previous duty assignment and requires a new professional license or certification, or business license or permit, to engage in that profession in a new jurisdiction because of the member's relocation described in paragraph (1); and

(B) the costs were incurred or paid to secure or maintain the professional license or certification, or business license or permit, from the new jurisdiction in connection with such relocation.

(5) In this subsection, the term "qualified business costs" means costs, including moving services for equipment, equipment removal, new equipment purchases, information technology expenses, and inspection fees, incurred by the spouse of a member if—

(A) the spouse owned a business during the member's previous duty assignment and the costs result from a the 1 member's relocation described in paragraph (1); and

(B) the costs were incurred or paid to move such business to a new location in connection with such relocation.

(h) Reimbursement for Transportation of Pets Arising From Certain Permanent Changes of Stations.—(1) The Secretary concerned may reimburse a member for any cost related to the relocation of a pet that arises from a permanent change of station of such member within the continental United States. Such reimbursement may not exceed $550 for each such permanent change of station.

(2) The Secretary concerned may reimburse a member for any cost related to the relocation of a pet that arises from a permanent change of station of such member to or from a duty station located outside the continental United States. Such reimbursement may not exceed $4,000 for each such permanent change of station.

(i) Attendance at Professional Military Education Institution or Training Classes.—

(1) The Secretary of the military department concerned may authorize temporary duty status, and travel and transportation allowances payable to a member in such status, for a member under the jurisdiction of such Secretary who is reassigned—

(A) between duty stations located within the United States;

(B) for a period of not more than one year;

(C) for the purpose of participating in professional military education or training classes,

(D) with orders to return to the duty station where the member maintains primary residence and the dependents of such member reside.

(2) If the Secretary of the military department concerned assigns permanent duty status to a member described in paragraph (1), such member shall be eligible for travel and transportation allowances including the following:

(A) Transportation, including mileage at the same rate paid for a permanent change of station.

(B) Per diem while traveling between the permanent duty station and professional military education institution or training site.

(C) Per diem paid in the same manner and amount as temporary lodging expenses.

(D) Per diem equal to the amount of the basic allowance for housing under section 403 of this title paid to a member—

(i) in the grade of such member;

(ii) without dependents;

(iii) who resides in the military housing area in which the professional military education institution or training site is located.

(E) Movement of household goods in an amount determined under applicable regulations.

(Added Pub. L. 112–81, div. A, title VI, §631(b), Dec. 31, 2011, 125 Stat. 1457; amended Pub. L. 113–66, div. A, title VI, §621(c)(1), (h), Dec. 26, 2013, 127 Stat. 783, 784; Pub. L. 114–328, div. A, title V, §522(c), Dec. 23, 2016, 130 Stat. 2116; Pub. L. 116–283, div. A, title VI, §622(a), Jan. 1, 2021, 134 Stat. 3676; Pub. L. 117–263, div. A, title VI, §§622(a), 623–625, Dec. 23, 2022, 136 Stat. 2625–2627; Pub. L. 118–31, div. A, title VI, §635, Dec. 22, 2023, 137 Stat. 298; Pub. L. 118–159, div. A, title VI, §624, Dec. 23, 2024, 138 Stat. 1934.)

Editorial Notes

Amendments

2024—Subsec. (c)(2). Pub. L. 118–159, §624(1), struck out "(but not to exceed one privately owned vehicle per member household)" after "privately owned vehicles".

Subsec. (c)(4). Pub. L. 118–159, §624(2), substituted "privately owned vehicles" for "a privately owned vehicle".

2023—Subsec. (g). Pub. L. 118–31, §635(1), substituted "Reimbursement of Qualifying Spouse Relicensing Costs and Business Costs" for "Reimbursement of Qualifying Spouse Relicensing Costs or Business Costs Incident to a Member's Permanent Change of Station or Assignment" in heading.

Subsec. (g)(1). Pub. L. 118–31, §635(2)(A), substituted "and qualified business costs" for "or qualified business costs" in introductory provisions.

Subsec. (g)(1)(A). Pub. L. 118–31, §635(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the member is reassigned, either as a permanent change of station or permanent change of assignment, between duty stations located in separate jurisdictions with unique licensing or certification requirements and authorities; and".

Subsec. (g)(1)(B). Pub. L. 118–31, §635(2)(C), substituted "relocation" for "reassignment".

Subsec. (g)(2). Pub. L. 118–31, §635(3), substituted "relocation" for "reassignment" in subpars. (A) and (B).

Subsec. (g)(4)(A). Pub. L. 118–31, §635(4)(A), substituted "the member's relocation described in paragraph (1);" for "movement described in paragraph (1)(B) in connection with the member's change in duty location pursuant to reassignment described in paragraph (1)(A);".

Subsec. (g)(4)(B). Pub. L. 118–31, §635(4)(B), substituted "relocation" for "reassignment".

Subsec. (g)(5)(A). Pub. L. 118–31, §635(5)(A), substituted "the member's relocation described in paragraph (1);" for "movement described in paragraph (1)(B) in connection with the member's change in duty location pursuant to reassignment described in paragraph (1)(A);".

Subsec. (g)(5)(B). Pub. L. 118–31, §635(5)(B), substituted "relocation" for "reassignment".

2022—Subsec. (g). Pub. L. 117–263, §622(a)(1), inserted "or Business Costs" after "Relicensing Costs" in heading.

Subsec. (g)(1). Pub. L. 117–263, §622(a)(2), inserted "or qualified business costs" after "qualified relicensing costs" in introductory provisions.

Subsec. (g)(2). Pub. L. 117–263, §622(a)(3), designated existing provisions as subpar. (A), inserted "for qualified relicensing costs" after "subsection", substituted "$1,000" for "$1000", and added subpar. (B).

Subsec. (g)(3). Pub. L. 117–263, §§622(a)(4), 623, inserted "or qualified business costs" after "qualified relicensing costs" and substituted "December 31, 2029" for "December 31, 2024".

Subsec. (g)(4). Pub. L. 117–263, §622(a)(5)(A), inserted "business license, permit," after "courses," in introductory provisions.

Subsec. (g)(4)(A). Pub. L. 117–263, §622(a)(5)(B), inserted ", or owned a business," before "during", "professional" before "license", and ", or business license or permit," after "certification".

Subsec. (g)(4)(B). Pub. L. 117–263, §622(a)(5)(C), inserted "professional" before "license" and ", or business license or permit," after "certification".

Subsec. (g)(5). Pub. L. 117–263, §622(a)(6), added par. (5).

Subsec. (h). Pub. L. 117–263, §624, added subsec. (h).

Subsec. (i). Pub. L. 117–263, §625, added subsec. (i).

2021—Subsec. (g). Pub. L. 116–283 added subsec. (g).

2016—Subsec. (g). Pub. L. 114–328 struck out subsec. (g). Text read as follows: "A member may be reimbursed as specified in regulations prescribed under section 464 of this title for travel and related expenses incurred by the member as a result of the cancellation of previously approved leave when the leave is cancelled in conjunction with the member's participation in a contingency operation and the cancellation occurs within 48 hours of the time the leave would have commenced. The settlement for reimbursement under this subsection is final and conclusive."

2013—Subsec. (c)(3). Pub. L. 113–66, §621(h), substituted "(including household goods in temporary storage, but excluding packing and crating)" for "(including packing, crating, and household goods in temporary storage)".

Subsec. (g). Pub. L. 113–66, §621(c)(1), added subsec. (g).

Statutory Notes and Related Subsidiaries

Storage of Household Effects

Pub. L. 101–510, div. A, title V, §503(c), Nov. 5, 1990, 104 Stat. 1558, as amended by Pub. L. 103–160, div. A, title V, §561(l)(2), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 105–261, div. A, title V, §561(f), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106–398, §1 [[div. A], title V, §571(f)], Oct. 30, 2000, 114 Stat. 1654, 1654A–134; Pub. L. 112–81, div. A, title VI, §631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that:

"(1) The Secretary of a military department shall exercise the authority provided by section 476 of title 37, United States Code, to provide nontemporary storage of baggage and household effects for a period not longer than one year in the case of individuals who are involuntarily separated during the period beginning on October 1, 1990, and ending on December 31, 2001.

"(2) For purposes of this subsection, the term 'involuntarily separated' has the meaning given that term in section 1141 of title 10, United States Code."

1 So in original.