37 U.S.C. § 306a (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 306a: Special pay: members assigned to international military headquarters
Special pay: members assigned to international military headquarters
Status: in_force

Not more than nine members of the armed forces, including members detailed to international military headquarters, may be paid pay and allowances at rates referred to in section 625(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(d)).

(Added Pub. L. 98–525, title XIV, §1402(b)(1), Oct. 19, 1984, 98 Stat. 2621.)

Editorial Notes

Prior Provisions

Provisions similar to those comprising this section were contained in the following prior appropriations acts:

Oct. 12, 1984, Pub. L. 98–473, title I, §101(h) [title VIII, §8005], 98 Stat. 1904, 1922.

Dec. 8, 1983, Pub. L. 98–212, title VII, §708, 97 Stat. 1438.

Dec. 21, 1982, Pub. L. 97–377, title I, §101(c) [title VII, §708], 96 Stat. 1833, 1850.

Dec. 29, 1981, Pub. L. 97–114, title VII, §708, 95 Stat. 1579.

Dec. 15, 1980, Pub. L. 96–527, title VII, §708, 94 Stat. 3081.

Dec. 21, 1979, Pub. L. 96–154, title VII, §708, 93 Stat. 1152.

Oct. 13, 1978, Pub. L. 95–457, title VIII, §808, 92 Stat. 1244.

Sept. 21, 1977, Pub. L. 95–111, title VIII, §807, 91 Stat. 899.

Sept. 22, 1976, Pub. L. 94–419, title VII, §707, 90 Stat. 1291.

Feb. 9, 1976, Pub. L. 94–212, title VII, §707, 90 Stat. 168.

Oct. 8, 1974, Pub. L. 93–437, title VIII, §807, 88 Stat. 1225.

Jan. 2, 1974, Pub. L. 93–238, title VII, §707, 87 Stat. 1038.

Oct. 26, 1972, Pub. L. 92–570, title VII, §707, 86 Stat. 1196.

Dec. 18, 1971, Pub. L. 92–204, title VII, §707, 85 Stat. 727.

Jan. 11, 1971, Pub. L. 91–668, title VIII, §807, 84 Stat. 2030.

Dec. 29, 1969, Pub. L. 91–171, title VI, §607, 83 Stat. 480.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of Title 10, Armed Forces.
37 U.S.C. § 308g (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 308g: Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve
Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve
Status: in_force

(a) An eligible person who enlists in a combat or combat support skill of an element (other than the Selected Reserve) of the Ready Reserve of an armed force for a term of enlistment of not less than six years, and who has not previously served in an armed force, may be paid a bonus as provided in subsection (b).

(b) Eligibility for and the amount and method of payment of a bonus under this section shall be determined in accordance with regulations prescribed under subsection (g), except that the amount of such a bonus may not exceed $3,000. A person entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active duty, any amount of the bonus that becomes payable to the member during that period of active duty.

(c) A bonus may not be paid under this section for a term of enlistment to any person who fails to complete satisfactorily initial active duty for training or who, upon completion of initial active duty for training, elects to serve the remainder of the term of enlistment in the Selected Reserve or in an active component of an armed force.

(d) A person who does not serve satisfactorily in the element of the Ready Reserve in the combat or combat support skill for the period for which the bonus was paid under this section shall be subject to the repayment provisions of section 303a(e) of this title.

(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 it is not operating as a service in the Navy.

(f) A bonus may not be paid under this section to any person for an enlistment—

(1) during the period beginning on October 1, 1992, and ending on September 30, 2005; or

(2) after December 31, 2018.

(Added Pub. L. 98–94, title X, §1011(a), Sept. 24, 1983, 97 Stat. 663; amended Pub. L. 99–145, title VI, §646(a)(1), title XIII, §1303(b)(3), Nov. 8, 1985, 99 Stat. 654, 740; Pub. L. 100–180, div. A, title VI, §626(b), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101–189, div. A, title VI, §613, Nov. 29, 1989, 103 Stat. 1446; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–375, div. A, title VI, §618(d), Oct. 28, 2004, 118 Stat. 1950; Pub. L. 109–163, div. A, title VI, §§621(c), 687(b)(17), Jan. 6, 2006, 119 Stat. 3294, 3330; Pub. L. 109–364, div. A, title VI, §611(d), title X, §1071(c)(3), Oct. 17, 2006, 120 Stat. 2247, 2400; Pub. L. 110–181, div. A, title VI, §611(d), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, §611(d), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, §611(4), Oct. 28, 2009, 123 Stat. 2352; Pub. L. 111–383, div. A, title VI, §611(4), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §611(4), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §611(4), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §611(4), Dec. 26, 2013, 127 Stat. 779; Pub. L. 113–291, div. A, title VI, §611(4), Dec. 19, 2014, 128 Stat. 3399; Pub. L. 114–92, div. A, title VI, §611(4), Nov. 25, 2015, 129 Stat. 837; Pub. L. 114–328, div. A, title VI, §611(4), Dec. 23, 2016, 130 Stat. 2157; Pub. L. 115–91, div. A, title VI, §611(4), Dec. 12, 2017, 131 Stat. 1421.)

Editorial Notes

Amendments

2017—Subsec. (f)(2). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (f)(2). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (f)(2). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (f)(2). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (f)(2). 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)(2). 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)(2). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (f)(2). 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. (d). Pub. L. 109–163, §687(b)(17)(A), added subsec. (d) and struck out former subsec. (d) which read as follows: "A person who receives a bonus payment under this section and who fails during the period for which the bonus was paid to serve satisfactorily in the element of the Ready Reserve with respect to which the bonus was paid shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid to such person as the period which such person failed to serve satisfactorily bears to the total period for which the bonus was paid."

Subsec. (e). Pub. L. 109–163, §687(b)(17)(B), (C), redesignated subsec. (g) as (e) and struck out former subsec. (e) which read as follows: "An obligation to reimburse the United States imposed under subsection (d) is, for all purposes, a debt owed to the United States."

Subsec. (f). Pub. L. 109–163, §687(b)(17)(B), (C), redesignated subsec. (h) as (f) and struck out former subsec. (f) which read as follows: "A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an enlistment for which a bonus was paid under this section does not discharge the person receiving such bonus payment from the debt arising under subsection (d). This subsection applies to any case commenced under title 11 after September 24, 1983."

Subsec. (f)(2). Pub. L. 109–364, §1071(c)(3), struck out second period at end.

Pub. L. 109–364, §611(d), substituted "December 31, 2007" for "December 31, 2006".

Subsec. (g). Pub. L. 109–163, §687(b)(17)(C), redesignated subsec. (g) as (e).

Subsec. (h). Pub. L. 109–163, §687(b)(17)(C), redesignated subsec. (h) as (f).

Pub. L. 109–163, §621(c), substituted "an enlistment—" for "an enlistment after September 30, 1992" and added pars. (1) and (2).

2004—Subsec. (b). Pub. L. 108–375 substituted "$3,000" for "$1,000" and inserted last sentence.

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

1991—Pub. L. 102–25 struck out "of this section" wherever appearing in subsecs. (a), (b), (e), and (f).

1989—Subsec. (h). Pub. L. 101–189 substituted "September 30, 1992" for "September 30, 1990".

1987—Subsec. (h). Pub. L. 100–180 substituted "September 30, 1990" for "September 30, 1987".

1985—Subsec. (f). Pub. L. 99–145, §1303(b)(3), substituted "September 24, 1983" for "the date of the enactment of the Department of Defense Authorization Act, 1984".

Subsec. (h). Pub. L. 99–145, §646(a)(1), substituted "September 30, 1987" for "September 30, 1985".

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 1985 Amendment

Amendment by section 646(a)(1) of Pub. L. 99–145 effective Oct. 1, 1985, see section 646(d) of Pub. L. 99–145, set out as a note under section 308h of this title.

Effective Date

Pub. L. 98–94, title X, §1011(c), Sept. 24, 1983, 97 Stat. 664, provided that: "The amendments made by subsections (a) and (b) [enacting this section and section 308h of this title and repealing section 308d of this title] shall take effect on October 1, 1983."

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.

Coast Guard; Reserve Forces Readiness Provisions Inapplicable

Reserve Forces Readiness provisions, including amendment of subsec. (b) of this section by Pub. L. 98–525 and Individual Ready Reserve Reenlistment Bonuses note above inapplicable to Coast Guard, see section 552(g) of Pub. L. 98–525, set out as a Reserve Forces Readiness note under section 12001 of Title 10, Armed Forces.
37 U.S.C. § 206 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 3: BASIC PAY / Section 206: Reserves; members of National Guard: inactive-duty training
Reserves; members of National Guard: inactive-duty training
Status: in_force

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

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

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

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

(A) in line of duty while performing—

(i) active duty; or

(ii) inactive-duty training;

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

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

(4) for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be required to perform but does not perform because such member was authorized to take parental leave pursuant to section 711 of title 10.

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

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

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

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

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

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

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

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

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

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

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

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

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 460; Pub. L. 98–525, title XIV, §1402(a), Oct. 19, 1984, 98 Stat. 2620; Pub. L. 99–661, div. A, title VI, §604(c), Nov. 14, 1986, 100 Stat. 3876; Pub. L. 100–456, div. A, title VI, §631(c), Sept. 29, 1988, 102 Stat. 1985; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title VII, §702(d), Feb. 10, 1996, 110 Stat. 371; Pub. L. 105–85, div. A, title V, §513(g), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 107–107, div. A, title V, §513(e), title VI, §603(a), Dec. 28, 2001, 115 Stat. 1093, 1133; Pub. L. 109–163, div. A, title VI, §604, Jan. 6, 2006, 119 Stat. 3287; Pub. L. 109–364, div. A, title VI, §607, Oct. 17, 2006, 120 Stat. 2247; Pub. L. 110–181, div. A, title VI, §633(b), Jan. 28, 2008, 122 Stat. 155; Pub. L. 116–283, div. A, title VI, §602(a), Jan. 1, 2021, 134 Stat. 3670; Pub. L. 118–31, div. A, title VI, §601(b), Dec. 22, 2023, 137 Stat. 288.)

Historical and Revision Notes

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

206(a) 
37:301(a) (less 45 words before proviso and proviso).
 37:301(e) (as applicable to basic pay). 

Oct. 12, 1949, ch. 681, §501(a) (less 45 words before proviso), (b) (less 1st sentence), (e) (as applicable to basic pay), 63 Stat. 825, 827; Aug. 10, 1956, ch. 1041, §20(e), (f), 70A Stat. 629; June 30, 1960, Pub. L. 86–559, §8, 74 Stat. 282.

206(b) 
37:301(a) (proviso).

206(c) 
32:303(c). 
[None.]

206(d) 
37:301(b) (less 1st sentence).

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

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

Editorial Notes

Prior Provisions

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

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

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

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

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

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

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

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

Amendments

2023—Subsec. (a)(4). Pub. L. 118–31 amended par. (4) generally. Prior to amendment, par. (4) read as follows: "for each of six days for each period during which the member is on maternity leave."

2021—Subsec. (a)(4). Pub. L. 116–283 added par. (4).

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

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

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

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

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

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

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

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

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

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2023 Amendment

Amendment by Pub. L. 118–31 effective on Oct. 1, 2024, and applicable with respect to periods of parental leave that commence on or after such date, see section 601(e) of Pub. L. 118–31, set out as an Effective Date note under section 711 of Title 10, Armed Forces.

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective, and applicable with respect to periods of maternity leave that commence on or after, Jan. 1, 2021, see section 602(c) of Pub. L. 116–283, set out as a note under section 12732 of Title 10, Armed Forces.

Effective Date of 1988 Amendment

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

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–525 effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of Title 10, Armed Forces.
37 U.S.C. § 319 (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 319: Special pay: surface warfare officer continuation pay
Special pay: surface warfare officer continuation pay
Status: in_force

(a) Eligible Surface Warfare Officer Defined.—In this section, the term "eligible surface warfare officer" means an officer of the Regular Navy or Navy Reserve on active duty who—

(1) is qualified and serving as a surface warfare officer;

(2) has been selected for assignment as a department head on a surface vessel; and

(3) has completed any service commitment incurred through the officer's original commissioning program or is within one year of completing such commitment.

(b) Special Pay Authorized.—An eligible surface warfare officer who executes a written agreement to remain on active duty to complete one or more tours of duty to which the officer may be ordered as a department head on a surface vessel may, upon the acceptance of the agreement by the Secretary of the Navy, be paid an amount not to exceed $50,000.

(c) Proration.—The term of the written agreement under subsection (b) and the amount payable under the agreement may be prorated.

(d) Payment Methods.—Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments.

(e) Additional Pay.—Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled.

(f) Repayment.—An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as a department head on a surface vessel as specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.

(g) Regulations.—The Secretary of the Navy shall prescribe regulations to carry out this section.

(Added Pub. L. 106–65, div. A, title VI, §627(a)(1), Oct. 5, 1999, 113 Stat. 656; amended Pub. L. 107–107, div. A, title VI, §616(b), Dec. 28, 2001, 115 Stat. 1137; Pub. L. 109–163, div. A, title V, §515(d)(1)(E), title VI, §687(b)(28), Jan. 6, 2006, 119 Stat. 3236, 3332.)

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–163, §515(d)(1)(E), substituted "Navy Reserve" for "Naval Reserve" in introductory provisions.

Subsec. (f). Pub. L. 109–163, §687(b)(28), amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when officer receives bonus but fails to complete total period of agreed upon active duty as department head on surface vessel.

2001—Subsec. (a)(3). Pub. L. 107–107 inserted "or is within one year of completing such commitment" before period at end.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 106–65, div. A, title VI, §627(b), Oct. 5, 1999, 113 Stat. 657, provided that: "The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999."

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. § 1004 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 19: ADMINISTRATION / Section 1004: Computation of pay and allowances for month or part of month
Computation of pay and allowances for month or part of month
Status: in_force

A member of a uniformed service who is entitled to pay and allowances under this title for a continuous period of less than one month is entitled to his pay and allowances for each day of that period at the rate of 1/30 of the monthly amount of his pay and allowances. The thirty-first day of a calendar month may not be excluded from a computation under this section.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490.)

Historical and Revision Notes

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

1004 
37:310. 
Oct. 12, 1949, ch. 681, §510, 63 Stat. 828.
37 U.S.C. § 407 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 407: Renumbered §477
Renumbered §477
Status: renumbered

[§407. Renumbered §477]
37 U.S.C. § 316 (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 316: Special pay: bonus for members with foreign language proficiency
Special pay: bonus for members with foreign language proficiency
Status: in_force

(a) Availability of Bonus.—Subject to subsection (c), the Secretary concerned may pay a bonus under this section to a member of the uniformed services who—

(1) is qualified in a uniformed services specialty requiring proficiency in a foreign language identified by the Secretary concerned as a foreign language in which it is necessary to have personnel proficient because of national defense or public health considerations;

(2) received training, under regulations prescribed by the Secretary concerned, designed to develop a proficiency in such a foreign language;

(3) is assigned to duties requiring a proficiency in such a foreign language; or

(4) is proficient in a foreign language for which the uniformed service may have a critical need, as determined by the Secretary concerned.

(b) Bonus Amount; Time for Payment.—A bonus under subsection (a) may not exceed $12,000 per one-year certification period under subsection (c). The Secretary concerned may pay the bonus in a single lump sum at the beginning of the certification period or in installments during the certification period. The bonus is in addition to any other pay or allowance payable to a member under any other provision of law.

(c) Certification of Proficiency.—To be eligible to receive a bonus under this section, a member described in subsection (a) must be certified by the Secretary concerned as being proficient in the foreign language for which the bonus is offered. The certification of the member 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.

(d) Certification Interrupted by Contingency Operation.—(1) Notwithstanding subsection (c), the Secretary concerned may waive the certification requirement under such subsection and pay a bonus under this section to a member who—

(A) is assigned to duty in connection with a contingency operation;

(B) is unable to schedule or complete the certification required by subsection (c) because of that assignment; and

(C) except for the lack of such certification, satisfies the eligibility requirements under subsection (a).

(2) The Secretary concerned may treat the date on which the member was assigned to duty in connection with the contingency operation as equivalent to a certification date. In the case of a member whose certification will expire during such a duty assignment, the Secretary shall commence the next one-year certification period on the date on which the prior certification period expires.

(3) A member who is paid a bonus under the authority of this subsection shall complete the certification required by subsection (c) for the foreign language for which the bonus was paid not later than the end of the 180-day period beginning on the date on which the member is released from the assignment in connection with the contingency operation. The Secretary concerned may extend that period for a member in accordance with regulations prescribed under subsection (f).

(4) If a member fails to obtain the required certification under subsection (c) before the end of the period provided under paragraph (3), the Secretary concerned may require the member to repay all or a portion of the bonus in the manner provided in section 303a(e) of this title.

(e) Repayment.—A member who receives a bonus under this section, but who does not satisfy an eligibility requirement specified in paragraph (1), (2), (3), or (4) of subsection (a) for the entire certification period, shall be subject to the repayment provisions of section 303a(e) of this title.

(f) Regulations.—This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary, by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy, by the Secretary of Health and Human Services for the Commissioned Corps of the Public Health Service, and by the Secretary of Commerce for the National Oceanic and Atmospheric Administration.

(Added Pub. L. 99–661, div. A, title VI, §634(a)(1), Nov. 14, 1986, 100 Stat. 3884; amended Pub. L. 104–201, div. A, title VI, §616(a), (b), Sept. 23, 1996, 110 Stat. 2547; Pub. L. 106–65, div. A, title VI, §625(a), Oct. 5, 1999, 113 Stat. 654; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–375, div. A, title VI, §620(a)(1), Oct. 28, 2004, 118 Stat. 1952; Pub. L. 109–163, div. A, title VI, §§639(a)–(e)(1), 687(b)(25), Jan. 6, 2006, 119 Stat. 3301, 3302, 3331.)

Editorial Notes

Amendments

2006—Pub. L. 109–163, §639(e)(1), substituted "Special pay: bonus for members with foreign language proficiency" for "Special pay and bonus for members with foreign language proficiency" in section catchline.

Subsec. (a). Pub. L. 109–163, §639(a), substituted "Bonus" for "Special Pay" in heading and, in introductory provisions, substituted "a bonus" for "monthly special pay" and struck out "is entitled to basic pay under section 204 of this title and who" after "uniformed services who".

Subsec. (b). Pub. L. 109–163, §639(b)(1), (3), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "Subject to subsection (c), the Secretary concerned may pay an annual bonus under this section to a member of a reserve component who satisfies the eligibility requirements specified in paragraph (1), (2), (3), or (4) of subsection (a)."

Subsec. (c). Pub. L. 109–163, §639(d)(1), struck out "special pay or" before "a bonus under" and before "bonus is offered" and struck out "or (b)" before "must be certified".

Subsec. (d). Pub. L. 109–163, §639(b)(1), (2), redesignated subsec. (f) as (d) and struck out heading and text of former subsec. (d). Text read as follows:

"(1) The monthly rate for special pay paid under subsection (a) may not exceed $1,000.

"(2) The maximum amount of the bonus paid to a member under subsection (b) may not exceed $6,000 for the one-year period covered by the certification of the member. The Secretary concerned may pay the bonus in a single lump sum at the beginning of the certification period or in installments during the certification period."

Subsec. (d)(1). Pub. L. 109–163, §639(d)(2)(A)(i), struck out "monthly special pay or" before "a bonus under" in introductory provisions.

Subsec. (d)(1)(C). Pub. L. 109–163, §639(d)(2)(A)(ii), substituted "under subsection (a)" for "for receipt of special pay under subsection (a) or a bonus under subsection (b), whichever applies to the member".

Subsec. (d)(2). Pub. L. 109–163, §639(d)(2)(B), substituted "The Secretary concerned" for "For purposes of providing an annual bonus to a member under the authority of this subsection, the Secretary concerned".

Subsec. (d)(3). Pub. L. 109–163, §639(d)(2)(C), struck out "special pay or" before "a bonus under" and before "bonus was paid" and substituted "subsection (f)" for "subsection (h)".

Subsec. (d)(4). Pub. L. 109–163, §639(d)(2)(D), substituted "section 303a(e) of this title" for "subsection (g)".

Subsec. (e). Pub. L. 109–163, §687(b)(25), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows:

"(1) A member who receives a bonus under this section, but who does not satisfy an eligibility requirement specified in paragraph (1), (2), (3), or (4) of subsection (a) for the entire certification period, shall repay to the United States the amount of the bonus so paid, except as otherwise prescribed under paragraph (2).

"(2) The Secretary concerned shall prescribe in regulations whether repayment of an amount otherwise required under paragraph (1) shall be made in whole or in part, the method for computing the amount of such repayment, and any conditions under which an exception to required repayment would apply.

"(3) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered less than five years after the date on which the member received the bonus does not discharge the member from a debt arising under paragraph (1)."

Pub. L. 109–163, §639(b)(1), (c), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows:

"(1) Except as provided in paragraph (2), special pay or a bonus paid under this section is in addition to any other pay or allowance payable to a member under any other provision of law.

"(2) If a member of a reserve component serving on active duty receives special pay under subsection (a) for any month occurring during a certification period in which the member received, or is receiving, a bonus under subsection (b), the amount of the special pay paid to the member for the month shall be reduced by an amount equal to 1/12 of the bonus amount."

Subsec. (f). Pub. L. 109–163, §639(b)(2), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d).

Subsec. (g). Pub. L. 109–163, §639(b)(1), struck out heading and text of subsec. (g). Text read as follows:

"(1) The Secretary concerned may require a member who receives a bonus under this section, but who does not satisfy an eligibility requirement specified in paragraph (1), (2), (3), or (4) of subsection (a) for the entire certification period, to repay to the United States an amount which bears the same ratio to the total amount of the bonus paid to the member as the unsatisfied portion of the certification period bears to the entire certification period.

"(2) An obligation to repay the United States imposed under paragraph (1) or subsection (f)(4) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered for the member less than five years after the expiration of the certification period does not discharge the member from a debt arising under this paragraph. This paragraph applies to any case commenced under title 11 after the date of the enactment of this section."

Subsec. (h). Pub. L. 109–163, §639(b)(2), redesignated subsec. (h) as (f).

2004—Pub. L. 108–375 amended section catchline and text generally, substituting provisions relating to special pay and bonus for members with foreign language proficiency for former provisions which related to: in subsec. (a) requirements for payment of special pay to member of uniformed services who is entitled to basic pay under section 204 of this title for foreign language proficiency; in subsec. (b) determination of monthly rate for special pay; in subsec. (c) increased compensation for member of reserve component who is entitled to compensation under section 206 of this title and who generally meets requirements in subsec. (a); and in subsec. (d) administration of section.

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

1999—Subsec. (b). Pub. L. 106–65 substituted "$300" for "$100".

1996—Subsec. (a). Pub. L. 104–201, §616(a)(1), substituted "uniformed services" for "armed forces" in introductory provisions.

Subsec. (a)(2). Pub. L. 104–201, §616(a)(2), substituted "Secretary concerned as being" for "Secretary of Defense as being" and inserted "or public health" after "national defense".

Subsec. (a)(3)(A). Pub. L. 104–201, §616(a)(3)(A), substituted "uniformed services" for "military".

Subsec. (a)(3)(C). Pub. L. 104–201, §616(a)(3)(B), struck out "military" before "duties requiring".

Subsec. (a)(3)(D). Pub. L. 104–201, §616(a)(3)(C), substituted "uniformed service" for "Department of Defense" and "Secretary concerned" for "Secretary of Defense".

Subsec. (d). Pub. L. 104–201, §616(b), substituted "the jurisdiction of the Secretary," for "his jurisdiction and" and inserted before period at end ", by the Secretary of Health and Human Services for the Commissioned Corps of the Public Health Service, and by the Secretary of Commerce for the National Oceanic and Atmospheric Administration".

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 1999 Amendment

Pub. L. 106–65, div. A, title VI, §625(b), Oct. 5, 1999, 113 Stat. 654, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to foreign language proficiency pay paid under section 316 of such title for months beginning on or after that date."

Effective Date of 1996 Amendment

Pub. L. 104–201, div. A, title VI, §616(c), Sept. 23, 1996, 110 Stat. 2547, provided that: "The amendments made by this section [amending this section] shall take effect on October 1, 1996, and apply with respect to months beginning on or after such date."

Effective Date

Pub. L. 99–661, div. A, title VI, §634(b), Nov. 14, 1986, 100 Stat. 3885, provided that: "Section 316 of title 37, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Nov. 14, 1986], and shall apply with respect to pay periods beginning 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. § 411 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 411: Renumbered §481
Renumbered §481
Status: renumbered

[§411. Renumbered §481]
37 U.S.C. § 427 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 427: Family separation allowance
Family separation allowance
Status: in_force

(a) Entitlement to Allowance.—(1) In addition to any allowance or per diem to which he otherwise may be entitled under this title a member of a uniformed service with dependents is entitled to a monthly allowance of not less than $250, and not more than $400, if—

(A) the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under section 452 of this title and his dependents do not reside at or near that station;

(B) he is on duty on board a ship away from the home port of the ship (or under orders to remain on board the ship while at the home port) for a continuous period of more than 30 days; or

(C) he is on temporary duty away from his permanent station for a continuous period of more than 30 days and his dependents do not reside at or near his temporary duty station.

(2) A member who becomes entitled to an allowance under this subsection by virtue of duty prescribed in subparagraph (B) or (C) of paragraph (1) for a continuous period of more than 30 days is entitled to the allowance effective as of the earlier of—

(A) the first day of that period; or

(B) the first day the member ceased being entitled to a previous allowance under this subsection by reason of the end of duty prescribed in such subparagraphs, if the member ceased being entitled to the previous allowance within 30 days before the first day of that period.

(b) Entitlement When No Residence or Household Maintained for Dependents.—An allowance is payable under subsection (a) even though the member does not maintain for his primary dependents who would otherwise normally reside with him, a residence or household, subject to his management and control, which he is likely to share with them as a common household when his duty assignment permits.

(c) Effect of Election to Serve Unaccompanied Tour of Duty.—(1) Except as provided in paragraph (2) or (3), a member who elects to serve a tour of duty unaccompanied by his dependents at a permanent station to which the movement of his dependents is authorized at the expense of the United States under section 452 of this title is not entitled to an allowance under subsection (a)(1)(A).

(2) The prohibition in the first sentence of paragraph (1) does not apply to a member who elects to serve an unaccompanied tour of duty because a dependent cannot accompany the member to or at that permanent station for certified medical reasons.

(3) The Secretary concerned may waive paragraph (1) in situations in which it would be inequitable to deny the allowance to the member because of unusual family or operational circumstances.

(d) Entitlement While Spouse Entitled to Basic Pay.—(1) A member married to another member of the uniformed services becomes entitled, regardless of any other dependency status, to an allowance under subsection (a) by virtue of duty prescribed in subparagraph (A), (B), or (C) of paragraph (1) of such subsection if the members were residing together immediately before being separated by reasons of execution of military orders.

(2) If a married couple, both of whom are members of the uniformed services, with dependents are simultaneously assigned to duties described in subparagraph (A), (B), or (C) of subsection (a)(1) and the members resided together with their dependents immediately before their assignments, the Secretary concerned shall pay each of the members the full amount of the monthly allowance specified in such subsection until one of the members is no longer assigned to duties described in such subparagraphs. Upon expiration of the additional allowance, paragraph (1) shall continue to apply to the remaining member so long as the member is assigned to duties described in subparagraph (A), (B), or (C) of such subsection.

(3) Section 421 of this title does not apply to bar the entitlement to an allowance under this section. Except as provided in paragraph (2), not more than one monthly allowance may be paid with respect to a married couple under this section.

(Added Pub. L. 88–132, §11(1), Oct. 2, 1963, 77 Stat. 217; amended Pub. L. 91–529, §1, Dec. 7, 1970, 84 Stat. 1389; Pub. L. 91–533, §1, Dec. 7, 1970, 84 Stat. 1392; Pub. L. 96–342, title VIII, §809(a), Sept. 8, 1980, 94 Stat. 1097; Pub. L. 99–145, title VI, §607(a), Nov. 8, 1985, 99 Stat. 639; Pub. L. 99–661, div. A, title VI, §618(a), Nov. 14, 1986, 100 Stat. 3880; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, §§611(b), 625, Dec. 5, 1991, 105 Stat. 1376, 1379; Pub. L. 103–337, div. A, title VI, §625(a), Oct. 5, 1994, 108 Stat. 2785; Pub. L. 104–106, div. A, title VI, §606, Feb. 10, 1996, 110 Stat. 358; Pub. L. 104–201, div. A, title VI, §607, Sept. 23, 1996, 110 Stat. 2542; Pub. L. 105–85, div. A, title VI, §§603(c)(3), 626, Nov. 18, 1997, 111 Stat. 1781, 1795; Pub. L. 107–107, div. A, title VI, §607(a), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 108–11, title I, §1316(b), (c)(2), Apr. 16, 2003, 117 Stat. 570; Pub. L. 108–136, div. A, title VI, §§606, 618(d)(2), Nov. 24, 2003, 117 Stat. 1500, 1504; Pub. L. 108–375, div. A, title VI, §623(b), Oct. 28, 2004, 118 Stat. 1955; Pub. L. 110–417, [div. A], title VI, §604(a), Oct. 14, 2008, 122 Stat. 4483; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 116–283, div. A, title VI, §615, Jan. 1, 2021, 134 Stat. 3675; ; Pub. L. 117–263, div. A, title VI, §626(h)(4), Dec. 23, 2022, 136 Stat. 2629; Pub. L. 118–31, div. A, title VI, §626(a), Dec. 22, 2023, 137 Stat. 294.)

Editorial Notes

Amendments

2023—Subsec. (a)(1). Pub. L. 118–31 substituted "of not less than $250, and not more than $400," for "equal to $250" in introductory provisions.

2022—Subsec. (a)(1)(A). Pub. L. 117–263, §626(h)(4)(A), substituted "section 452" for "section 476".

Subsec. (c)(1). Pub. L. 117–263, §626(h)(4)(B), substituted "section 452" for "section 476".

2021—Subsec. (a)(1)(B). Pub. L. 116–283 inserted "(or under orders to remain on board the ship while at the home port)" after "of the ship".

2013—Subsecs. (a)(1)(A), (c)(1). Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(A). See 2011 Amendment note below.

2011—Subsecs. (a)(1)(A), (c)(1). Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "476" for "406".

2008—Subsec. (d). Pub. L. 110–417 designated first sentence of existing provisions as par. (1), designated last two sentences of existing provisions as par. (3) and substituted "Except as provided in paragraph (2)" for "However", and added par. (2).

2004—Subsec. (a)(1). Pub. L. 108–375, §623(b)(2)(A), substituted "$250" for "$100".

Subsec. (e). Pub. L. 108–375, §623(b)(2)(B), struck out heading and text of subsec. (e). Text read as follows: "For the period beginning on October 1, 2003, and ending on December 31, 2005, the monthly allowance authorized by subsection (a)(1) shall be increased to $250."

Pub. L. 108–375, §623(b)(1), substituted "December 31, 2005" for "December 31, 2004".

2003—Subsec. (a)(1). Pub. L. 108–11, §1316(b), (c), as amended by Pub. L. 108–136, §618(d)(2), temporarily substituted "$250" for "$100". See Effective and Termination Dates of 2003 Amendments note below.

Subsec. (e). Pub. L. 108–136, §606, added subsec. (e).

2001—Subsec. (c). Pub. L. 107–107 designated first sentence of existing provisions as par. (1) and substituted "Except as provided in paragraph (2) or (3), a member" for "A member", added par. (2), and designated second sentence of existing provisions as par. (3) and substituted "The Secretary concerned may waive paragraph (1)" for "The Secretary concerned may waive the preceding sentence".

1997—Subsec. (a). Pub. L. 105–85, §603(c)(3)(B)(i), redesignated subsec. (b)(1), (2) as subsec. (a)(1), (2), respectively, and inserted subsec. heading.

Pub. L. 105–85, §603(c)(3)(A), struck out heading and text of subsec. (a). Text read as follows: "In addition to any allowance or per diem to which he otherwise may be entitled under this title, a member of a uniformed service with dependents who is on permanent duty outside of the United States, or in Alaska, is entitled to a monthly allowance equal to the basic allowance for quarters payable to a member without dependents in the same pay grade if—

"(1) the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under section 406 of this title and his dependents do not reside at or near that station; and

"(2) quarters of the United States or a housing facility under the jurisdiction of a uniformed service are not available for assignment to him."

Subsec. (a)(1). Pub. L. 105–85, §626, substituted "$100" for "$75" in introductory provisions.

Pub. L. 105–85, §603(c)(3)(B)(ii), struck out ", including subsection (a)," after "under this title" in introductory provisions, inserted "or" at end of subpar. (B), substituted "station." for "station; or" at end of subpar. (C), and struck out subpar. (D) which read as follows: "the member is married to a member of a uniformed service, the member has no dependent other than the spouse, the two members are separated by reason of the execution of military orders, and the two members were residing together immediately before being separated by reason of execution of military orders."

Subsec. (b). Pub. L. 105–85, §603(c)(3)(B)(iii), redesignated subsec. (b)(3) as subsec. (b), inserted heading, and substituted "subsection (a)" for "this subsection". Former subsec. (b)(1), (2), and (4) redesignated subsecs. (a)(1), (2), and (c), respectively.

Subsec. (b)(5). Pub. L. 105–85, §603(c)(3)(B)(v), struck out par. (5) which read as follows: "Section 421 of this title does not apply to bar an entitlement to an allowance under paragraph (1)(D). However, not more than one monthly allowance may be paid with respect to a married couple under paragraph (1)(D) for any month."

Subsec. (c). Pub. L. 105–85, §603(c)(3)(B)(iv), redesignated subsec. (b)(4) as subsec. (c), inserted heading, and substituted "subsection (a)(1)(A)" for "paragraph (1)(A) of this subsection".

Subsec. (d). Pub. L. 105–85, §603(c)(3)(B)(v), added subsec. (d).

1996—Subsec. (b)(1)(D). Pub. L. 104–201, §607(a), added subpar. (D).

Subsec. (b)(4). Pub. L. 104–106 inserted "paragraph (1)(A) of" after "not entitled to an allowance under".

Subsec. (b)(5). Pub. L. 104–201, §607(b), added par. (5).

1994—Subsec. (b)(2). Pub. L. 103–337, §625(a)(3), added par. (2). Former par. (2) redesignated (3).

Pub. L. 103–337, §625(a)(1), struck out at beginning "A member who becomes entitled to an allowance under this subsection by virtue of duty described in subparagraph (B) or (C) of paragraph (1) for a continuous period of more than 30 days is entitled to the allowance effective as of the first day of that period."

Subsec. (b)(3), (4). Pub. L. 103–337, §625(a)(2), redesignated pars. (2) and (3) as (3) and (4), respectively.

1991—Subsec. (a). Pub. L. 102–190, §625(b)(1), inserted heading.

Subsec. (b). Pub. L. 102–190, §625(b)(2), inserted heading.

Subsec. (b)(1). Pub. L. 102–190, §625(a), substituted "$75" for "$60".

Pub. L. 102–190, §611(b), substituted "In" for "Except in time of war or of national emergency hereafter declared by Congress, and in".

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

1986—Subsec. (b). Pub. L. 99–661, §618(a), designated existing provisions as pars. (1) and (2), in par. (1) redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and in par. (2) substituted "subparagraph (B) or (C) of paragraph (1)" for "clause (2) or (3)", and added par. (3).

1985—Subsec. (b). Pub. L. 99–145 substituted "$60" for "$30".

1980—Subsec. (b). Pub. L. 96–342 struck out "(other than a member in pay grade E–1, E–2, E–3, or E–4 (4 years' or less service))" after "a member of a uniformed service with dependents".

1970—Subsec. (b). Pub. L. 91–533 struck out "who is entitled to a basic allowance for quarters" after "(4 years' or less service)".

Pub. L. 91–529 inserted provisions authorizing payment of an allowance under this subsection even though the member does not maintain for his primary dependents who would otherwise normally reside with him, a residence or household, subject to his management or control, which he is likely to share with them as a common household when his duty assignment permits.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

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

Effective Date of 2008 Amendment

Pub. L. 110–417, [div. A], title VI, §604(b), Oct. 14, 2008, 122 Stat. 4483, as amended by Pub. L. 111–383, div. A, title X, §1075(e)(9), Jan. 7, 2011, 124 Stat. 4375, provided that: "Paragraph (2) of subsection (d) of section 427 of title 37, United States Code, as added by subsection (a), shall apply with respect to members of the uniformed services described in such paragraph who perform service covered by subparagraph (A), (B), or (C) of subsection (a)(1) of such section on or after October 1, 2008."

Effective Date of 2004 Amendment

Pub. L. 108–375, div. A, title VI, §623(b)(2), Oct. 28, 2004, 118 Stat. 1955, provided that the amendments made by section 623(b)(2) are effective Jan. 1, 2006.

Effective and Termination Dates of 2003 Amendments

Pub. L. 108–136, div. A, title VI, §618(d)(2), Nov. 24, 2003, 117 Stat. 1504, provided that the amendment made by section 618(d)(2) is effective Apr. 16, 2003.

Amendment by Pub. L. 108–11 effective Oct. 1, 2002, and applicable with respect to months beginning on or after that date, and expires Sept. 30, 2003, and, effective Sept. 30, 2003, the dollar amount specified in subsec. (a)(1) of this section as in effect on the day before Apr. 16, 2003, is revived, see section 1316(c), (d) of Pub. L. 108–11, set out as notes under section 310 of this title.

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title VI, §607(b), Dec. 28, 2001, 115 Stat. 1135, provided that: "Paragraph (2) of section 427(c) of title 37, United States Code, as added by subsection (a)(3), shall apply with respect to pay periods beginning on or after January 1, 2002, for a member of the uniformed services covered by such paragraph regardless of the date on which the member first made the election to serve an unaccompanied tour of duty."

Effective Date of 1997 Amendment

Amendment by section 603(c)(3) of 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 1994 Amendment

Pub. L. 103–337, div. A, title VI, §625(b), Oct. 5, 1994, 108 Stat. 2785, provided that: "The amendments made by subsection (a) [amending this section] shall take effect as of June 20, 1994."

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §607(b), Nov. 8, 1985, 99 Stat. 639, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1985, and shall apply only to family separation allowances payable for months beginning on or after that date."

Effective Date of 1980 Amendment

Pub. L. 96–342, title VIII, §809(b), Sept. 8, 1980, 94 Stat. 1097, provided that: "The amendment made by subsection (a) [amending this section] shall take effect with respect to months after September 1980."

Effective Date of 1970 Amendments

Pub. L. 91–533, §2, Dec. 7, 1970, 84 Stat. 1392, provided that: "The amendment made by this Act [amending this section] shall take effect on the first day of the first calendar month which occurs after the date of the enactment of this Act [Dec. 7, 1970]."

Pub. L. 91–529, §2, Dec. 7, 1970, 84 Stat. 1389, provided that: "Section 1 of this Act [amending this section] is effective October 1, 1963."

Effective Date

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

Savings Provision

Pub. L. 99–661, div. A, title VI, §618(b), Nov. 14, 1986, 100 Stat. 3881, as amended by 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: "Notwithstanding the amendments made by subsection (a) [amending this section], a member who on September 30, 1986, was assigned to a permanent station to which the movement of his dependents was authorized at the expense of the United States under section 476 of title 37, United States Code, and who elected to serve a tour of duty at that station unaccompanied by his dependents, shall, until he departs that station as a result of a change of permanent station, be entitled to receive the allowance authorized by section 427(b) of such title without regard to paragraph (3) [now (4)] of such section, as added by subsection (a)."

Rates of Pay for Fiscal Year 2004

Rates of pay authorized under subsec. (a)(1) of this section from Oct. 1, 2003, through Sept. 30, 2004, to be $250, see section 1104 of Pub. L. 108–106, set out as a note under section 310 of this title.

Temporary Increase in Family Separation Allowance; Persian Gulf Conflict

Pub. L. 102–25, title III, §302, Apr. 6, 1991, 105 Stat. 80, provided that:

"(a) Increased Rate.—In lieu of the family separation allowance specified in section 427(b)(1) of title 37, United States Code, the family separation allowance payable under that section shall be $75 for each month during the period described in subsection (b).

"(b) Period of Applicability.—Subsection (a) shall apply during the period beginning on January 15, 1991, and ending on the first day of the first month beginning on or after the date 180 days after the end of the Persian Gulf conflict."

Family Separation Allowance for Members in Missing Status During the Vietnam Conflict

Pub. L. 91–534, Dec. 7, 1970, 84 Stat. 1392, provided: "That, under regulations to be prescribed by the Secretary of Defense, a member of a uniformed service with dependents who is in a missing status (as defined in section 551(2) of title 37 United States Code) during the Vietnam conflict and is not entitled to an allowance under section 427(b) of title 37 may be paid a monthly allowance equal to $30. For the purposes of this Act, the Vietnam conflict ends on the date designated by the President by Executive order as the date of the termination of combat activities in Vietnam.

"Sec. 2. This Act takes effect on the first day of the first month which begins after the date of enactment of this Act [Dec. 7, 1970]."
37 U.S.C. § 439 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 439: Special compensation: members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living
Special compensation: members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living
Status: in_force

(a) Monthly Compensation Authorized.—The Secretary concerned may pay to any member of the uniformed services described in subsection (b) monthly special compensation in an amount determined under subsection (c).

(b) Covered Members.—A member eligible for monthly special compensation authorized by subsection (a) is a member who—

(1) has a catastrophic injury or illness that was incurred or aggravated in the line of duty;

(2) has been certified by a licensed physician to be in need of assistance from another person to perform the personal functions required in everyday living;

(3) in the absence of the provision of such assistance, would require hospitalization, nursing home care, or other residential institutional care; and

(4) meets such other criteria, if any, as the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) prescribes for purposes of this section.

(c) Amount.—The amount of monthly special compensation payable to a member under subsection (a) shall be the amount as follows:

(1) The monthly amount of aid and attendance payable under section 1114(r)(2) of title 38.

(2) Upon the establishment by the Secretary of Veterans Affairs pursuant to subparagraph (C) of section 1720G(a)(3) of title 38 of the schedule of monthly personal caregiver stipends under the Department of Veterans Affairs program of comprehensive assistance for family caregivers under subparagraph (A)(ii)(V) of such section, the monthly personal caregiver stipend payable with respect to similarly circumstanced veterans under such schedule, rather than the amount specified in paragraph (1).

(d) Duration.—The eligibility of a member to receive special monthly compensation under subsection (a) expires on the earlier of the following:

(1) The last day of the month during which a 90-day period ends that begins on the date of the separation or retirement of the member.

(2) The last day of the month during which the member dies.

(3) The last day of the month during which the member is determined to be no longer afflicted with the catastrophic injury or illness referred to in subsection (b)(1).

(4) The last day of the month preceding the month during which the member begins receiving compensation under section 1114(r)(2) of title 38.

(e) Construction With Other Pay and Allowances.—Monthly special compensation payable to a member under this section is in addition to any other pay and allowances payable to the member by law.

(f) Benefit Information.—(1) The Secretary of Defense, in collaboration with the Secretary of Veterans Affairs, shall ensure that members of the uniformed services who may be eligible for compensation under this section are made aware of the availability of such compensation by including information about such compensation in written and online materials for such members and their families.

(2) The Secretary of Defense shall ensure that a member eligible to receive special monthly compensation under this section is aware that the member's eligibility for such compensation will expire pursuant to subsection (d)(1) after the end of the 90-day period that begins on the date of the separation or retirement of the member even though the member has not begun to receive compensation under section 1114(r)(2) of title 38 before the end of such period.

(g) Catastrophic Injury or Illness Defined.—In this section, the term "catastrophic injury or illness" means a permanent, severely disabling injury, disorder, or illness that the Secretary concerned determines compromises the ability of the afflicted person to carry out the activities of daily living to such a degree that the person requires—

(1) personal or mechanical assistance to leave home or bed; or

(2) constant supervision to avoid physical harm to self or others.

(h) Regulations.—The Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) shall prescribe regulations to carry out this section.

(Added Pub. L. 111–84, div. A, title VI, §603(a), Oct. 28, 2009, 123 Stat. 2348; amended Pub. L. 111–383, div. A, title VI, §634, Jan. 7, 2011, 124 Stat. 4241.)

Editorial Notes

Amendments

2011—Subsec. (c). Pub. L. 111–383 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to the amount of monthly special compensation payable to a member under subsec. (a).
37 U.S.C. § 420 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 420: Allowances while participating in international sports
Allowances while participating in international sports
Status: in_force

(a) Section 717 of title 10 does not authorize the payment of allowances at higher rates than those provided for participation in military activities not covered by that section.

(b) Notwithstanding any other law, a member of a uniformed service is not entitled to travel and transportation allowances under section 452 of this title for any period during which his expenses for travel or transportation are being paid by the agency sponsoring his participation in a competition covered by section 717 of title 10.

(c) Notwithstanding any other law, a member of a uniformed service who has no dependents is not entitled to the basic allowances for subsistence and housing authorized by sections 402 and 403 of this title for a period during which he is subsisted and quartered by the agency sponsoring his participation in a competition covered by section 717 of title 10.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 478, §419; Pub. L. 89–718, §64, Nov. 2, 1966, 80 Stat. 1123; renumbered §420, Pub. L. 100–180, div. A, title VI, §611(a)(1)(A), Dec. 4, 1987, 101 Stat. 1093; Pub. L. 105–85, div. A, title VI, §603(d)(1)(C), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, §626(h)(2), Dec. 23, 2022, 136 Stat. 2629.)

Historical and Revision Notes

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

419(a)
419(b)

419(c) 

37:256a(a).
37:256a(b).

37:256a(c). 

Oct. 12, 1949, ch. 681, §307; added Sept. 2, 1958, Pub. L. 85–861, §11, 72 Stat. 1556.

Editorial Notes

Prior Provisions

A prior section 420 was renumbered section 421 of this title.

Amendments

2022—Subsec. (b). Pub. L. 117–263 substituted "section 452" for "sections 474–481".

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

2011—Subsec. (b). Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "474–481" for "404–411".

1997—Subsec. (c). Pub. L. 105–85 substituted "housing" for "quarters".

1966—Pub. L. 89–718 substituted "section 717 of title 10" for "section 716 of title 10" wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

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

Effective Date of 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. § 403b (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 403b: Cost-of-living allowance in the continental United States
Cost-of-living allowance in the continental United States
Status: in_force

(a) Payment Authorized.—The Secretary concerned may pay a cost-of-living allowance to the eligible members of a uniformed service under the jurisdiction of the Secretary.

(b) Eligible Members.—The following members are eligible to receive a cost-of-living allowance under this section:

(1) A member assigned to a high cost area in the continental United States.

(2) A member assigned to an unaccompanied tour of duty outside the continental United States if the primary dependent of the member resides in a high cost area in the continental United States.

(3) A member assigned to duty in the continental United States if the Secretary of the uniformed service concerned determines that—

(A) the primary dependent of the member must reside in a high cost area in the continental United States by reason of the member's duty location or other circumstances; and

(B) it would be inequitable for the member's eligibility for the allowance to be determined on the basis of the duty location of the member.

(c) High Cost Area Defined.—An area is a high cost area for a fiscal year for purposes of this section if the uniformed services cost of living for that area for the base period exceeds the average cost of living in the continental United States for such base period by at least the threshold percentage. The Secretary of Defense, in consultation with the other administering Secretaries, shall establish the threshold percentage, except that the threshold percentage may not be less than 5 percent. The administering Secretaries may prescribe a higher threshold percentage to be applied for a fiscal year when it is necessary to do so in order to ensure that the total amount of the payments of the cost-of-living allowance made to members of the uniformed services under this section for such fiscal year does not exceed the total amount available to all uniformed services for that fiscal year for paying such allowance.

(d) Amount of Allowance.—The cost-of-living allowance that may be paid to a member for a high cost area for a fiscal year shall be the amount that is equal to the product of—

(1) the amount of the average spendable income determined applicable for the regular military compensation level of such member under subsection (g); and

(2) the percentage equal to the excess of—

(A) the percentage by which the uniformed services cost of living for the member's high cost area for the base period exceeds the average cost of living in the continental United States for such base period, over

(B) the threshold percentage applicable to such fiscal year under subsection (c).

(e) Limitation to One Allowance.—If primary dependents of a member reside separately in different high cost areas—

(1) the member may be paid only one cost-of-living allowance under this section; and

(2) the cost-of-living allowance payable to the member shall be the highest of the amounts computed under this section for such high cost areas.

(f) Service Not Covered.—(1) A cost-of-living allowance may not be paid a member under this section for the days authorized for travel of the member in connection with a permanent change of duty station.

(2) A member of a reserve component is not eligible for a cost-of-living allowance under this section unless the member is on active duty under a call or order to active duty that—

(A) specifies a period of 140 days or more; or

(B) states that the call or order to active duty is in support of a contingency operation.

(g) Average Spendable Income.—The Secretary of Defense shall determine, using a methodology and assumptions that the Secretary considers appropriate, the amounts of average spendable income of members of the uniformed services for various ranges of regular military compensation. For purposes of this subsection, spendable income is the total amount of regular military compensation that is available for purchase of goods and services after allocation of amounts for taxes, insurance, housing, gifts and contributions, and savings.

(h) Joint Regulations.—The Secretary of Defense and the other administering Secretaries shall jointly prescribe regulations to carry out this section.

(i) Other Definitions.—In this section:

(1) The term "primary dependent", with respect to a member, means—

(A) the member's spouse; or

(B) in the case of an unmarried member, a dependent described in paragraph (2) or (4) of section 401(a) of this title.

(2) The term "cost of living" means a price index selected by the Secretary of Defense, in consultation with the other administering Secretaries, from among the following indices:

(A) The Consumer Price Index (all items–United States city average) published monthly by the Bureau of Labor Statistics.

(B) Any other index developed in the private sector that the Secretary of Defense, in consultation with the other administering Secretaries, determines is comparable to the Consumer Price Index and is appropriate for use for purposes of this section.

(3) The term "uniformed services cost of living" means the price index selected as described in paragraph (2) and adjusted as the Secretary of Defense, in consultation with the other administering Secretaries, considers appropriate to reflect variations between expenses of members of the uniformed services (as offset by the basic allowance for subsistence) and the corresponding expenses of persons not members of the uniformed services with regard to the following:

(A) Nonhousing costs (including costs of transportation, goods, and services, taking into consideration savings attributable to use of such military facilities as commissary stores and exchange stores).

(B) Average income tax paid.

(C) Cost of health care.

(4) The term "base period", with respect to a fiscal year, means the 12-month period ending on June 30 of the year in which such fiscal year begins.

(5) The term "administering Secretaries" means the following:

(A) The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy).

(B) The Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy.

(C) The Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.

(D) The Secretary of Health and Human Services, with respect to the Public Health Service.

(Added Pub. L. 103–337, div. A, title VI, §602(a)(1), Oct. 5, 1994, 108 Stat. 2779; amended Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, §654(b)(2), Dec. 2, 2002, 116 Stat. 2582; Pub. L. 118–31, div. A, title VI, §625, Dec. 22, 2023, 137 Stat. 294.)

Editorial Notes

Amendments

2023—Subsec. (c). Pub. L. 118–31 substituted "5 percent" for "8 percent" in second sentence and "may prescribe" for "shall prescribe" in third sentence.

2002—Subsec. (i)(5)(B). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

Subsec. (i)(6). Pub. L. 107–314 struck out par. (6) which read as follows: "The term 'continental United States' means the 48 contiguous States and the District of Columbia."

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.

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.

OCONUS Cost of Living Allowance: Adjustments; Notice to Certain Congressional Committees

Pub. L. 117–263, div. A, title VI, §617, Dec. 23, 2022, 136 Stat. 2624, as amended by Pub. L. 118–31, div. A, title VI, §627, Dec. 22, 2023, 137 Stat. 294, provided that:

"(a) Reductions.—The Secretary of Defense may reduce an OCONUS COLA in accordance with this subsection.

"(1) Frequency.—The Secretary may not announce a reduction to an OCONUS COLA for a location outside the continental United States more than twice per calendar year.

"(2) Maximum reduction.—A reduction to an OCONUS COLA may not exceed the lesser of—

"(A) 10 OCONUS COLA index points; or

"(B) the number of OCONUS COLA index points by which the cost of living of the permanent duty station of the covered member exceeds the average cost of living index in the continental United States.

"(3) Limitations.—Paragraphs (1) and (2) shall not apply to a reduction on the basis of—

"(A) a change in the rate of exchange of foreign currencies; or

"(B) a permanent change of station for a covered member.

"(4) Implementation.—The Secretary may phase in a reduction under this subsection.

"(b) Increases.—The Secretary may increase an OCONUS COLA at any time.

"(c) Reporting.—Not later than February 1 of each year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding reductions and increases to OCONUS COLAs during the previous calendar year. Such report shall include the following elements:

"(1) The areas outside the continental United States subject to such a reduction or increase.

"(2) The previous and new amounts of an adjusted OCONUS COLA for a member with three dependents, 10 years of service, and in grade—

"(A) E-6; and

"(B) O-4.

"(3) The number of OCONUS COLA index points by which a new OCONUS COLA index differs from such previous index.

"(4) The number of members of the uniformed services affected by each such reduction or increase.

"(5) The assessment of the Secretary of the calculation of an OCONUS COLA. In making such assessment, the Secretary shall consider factors including—

"(A) Costs of local transportation in the area surrounding the duty station of a member.

"(B) Costs of travel from such duty station to the United States.

"(C) Other costs the Secretary determines appropriate.

"(d) Definitions.—In this section:

"(1) The term 'continental United States' has the meaning given such term in section 101 of title 37, United States Code.

"(2) The term 'covered member' means a member of the uniformed services—

"(A) who is assigned to a permanent duty station located outside the continental United States; or

"(B) whose dependents reside outside the continental United States but not withing the vicinity to permanent duty station of such member.

"(3) The term 'OCONUS COLA' means a cost-of-living allowance paid to a member of the uniformed services on the basis that such member is a covered member.

"(4) The term 'OCONUS COLA index' means the index computed by the Secretary of the weighted average prices of goods and services (excluding housing costs) in a location outside the continental United States, relative to the weighted average of prices of the same goods and services in the continental United States.

"(5) The term 'OCONUS COLA index point' means 1 percent of the OCONUS COLA index for the weighted average prices of goods and services (excluding housing costs) in a location in the continental United States."

Conditions on Provision of Allowance

Pub. L. 103–337, div. A, title VI, §602(b), Oct. 5, 1994, 108 Stat. 2781, provided that:

"(1) A cost-of-living allowance under section 403b of title 37, United States Code, as added by subsection (a), may not be provided until after the end of the 90-day period beginning on the date the Secretary of Defense submits the report required under paragraph (2).

"(2) Before implementing section 403b of title 37, United States Code, the Secretary of Defense, in consultation with the other administering Secretaries (as defined in subsection (h)(6) [probably should be (i)(5)] of such section), shall submit to Congress a report describing—

"(A) the methods by which the Secretary of Defense would determine the price index to be used under such section and the types of nonhousing related costs that will be considered under such price index;

"(B) the manner by which the Secretary will establish the threshold percentage for purposes of such section;

"(C) the manner in which savings attributable to use of such military facilities as commissary stores, exchange stores, and military medical treatment facilities will be taken into consideration; and

"(D) the methods by which the Secretary proposes to prevent uncontrolled growth in Government expenditures through the cost-of-living allowance available under such section."

[Report submitted by Secretary of Defense on Mar. 31, 1995.]
37 U.S.C. § 452 (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 452: Allowable travel and transportation: general authorities
Allowable travel and transportation: general authorities
Status: in_force

(a) In General.—Except as otherwise prohibited by law, a member of the uniformed services or other authorized traveler may be provided transportation-, lodging-, or meals-in-kind, or actual and necessary expenses of travel and transportation, for, or in connection with, official travel under circumstances as specified in regulations prescribed under section 464 of this title.

(b) Specific Circumstances.—The authority under subsection (a) includes travel under or in connection with, but not limited to, the following circumstances, to the extent specified in regulations prescribed under section 464 of this title:

(1) Temporary duty that requires travel between a permanent duty assignment location and another authorized temporary duty location, and travel in or around the temporary duty location.

(2) Permanent change of station that requires travel between an old and new temporary or permanent duty assignment location or other authorized location.

(3) Temporary duty or assignment relocation related to consecutive overseas tours or in-place-consecutive overseas tours.

(4) Recruiting duties for the armed forces.

(5) Assignment or detail to another Government department or agency.

(6) Rest and recuperative leave.

(7) Convalescent leave.

(8) Reenlistment leave.

(9) Reserve component inactive-duty training performed outside the normal commuting distance of the member's permanent residence.

(10) Ready Reserve muster duty.

(11) Unusual, extraordinary, hardship, or emergency circumstances.

(12) Presence of family members at a military medical facility incident to the illness or injury of members.

(13) Presence of family members at the repatriation of members held captive.

(14) Presence of non-medical attendants for very seriously or seriously wounded, ill, or injured members.

(15) Attendance at Yellow Ribbon Reintegration Program events.

(16) Missing status, as determined by the Secretary concerned under chapter 10 of this title.

(17) Attendance at or participation in international sports competitions described under section 717 of title 10.

(18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii).

(19) Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.

(20) Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.

(21) Presence of family members at the funeral and memorial services of members.

(22) Permanent change of assignment to or from a naval vessel undergoing nuclear refueling or defueling and any concurrent complex overhaul, even if such assignment is within the same area as the current assignment of the member.

(23) Current assignment to a naval vessel entering or exiting nuclear refueling or defueling and any concurrent complex overhaul.

(c) Matters Included.—Travel and transportation allowances which may be provided under subsection (a) include the following:

(1) Allowances for transportation (including fares and tolls, without regard to distance travelled), lodging, and meals.

(2) Dislocation or relocation allowances paid in connection with a change in a member's temporary or permanent duty assignment location.

(3) A partial dislocation allowance paid to a member ordered to occupy or vacate housing provided by the United States.

(4) Passport and visa fees required for foreign travel.

(5) Other related miscellaneous expenses.

(d) Mode of Providing Travel and Transportation Allowances.—Any authorized travel and transportation may be provided—

(1) as an actual expense;

(2) as an authorized allowance;

(3) in-kind; or

(4) using a combination of the authorities under paragraphs (1), (2), and (3).

(e) Travel and Transportation Allowances When Travel Orders Are Modified, etc.—An authorized traveler whose travel and transportation order or authorization is canceled, revoked, or modified may be allowed actual and necessary expenses or travel and transportation allowances in connection with travel performed pursuant to such order or authorization.

(f) Advance Payments.—An authorized traveler may be allowed advance payments for authorized travel and transportation allowances.

(g) Responsibility for Unauthorized Expenses.—Any unauthorized travel or transportation expense is not the responsibility of the United States.

(h) Relationship to Other Authorities.—The administering Secretary may not provide payment under this section for an expense for which payment may be provided from any other appropriate Government or non-Government entity.

(i) Dependent Transportation Incident to Ship Construction, Inactivation, and Overhauling.—The authority under subsection (a) for travel in connection with circumstances described in subsection (b)(20) shall be subject to the following terms and conditions:

(1) The member of the uniformed services must be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter.

(2) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation may be provided, in lieu of the member's entitlement to transportation, for the member's dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation.

(3) The total reimbursement for transportation for the member's dependents may not exceed the cost of one Government-procured commercial round-trip travel.

(j) Travel for Inactive-duty Training and Muster Duty.—(1) If a member of the uniformed services travels more than 50 miles from the member's permanent residence (as established under paragraph (2)) for training described in paragraph (9) of subsection (b) or duty described in paragraph (10) of that subsection, the member shall be provided, in the form of actual expenses, in-kind, or a combination thereof—

(A) actual and necessary expenses of travel and transportation for, or in connection with, such travel; and

(B) meals, incidentals, and expenses related to such travel, to the same extent specified in regulations prescribed under section 464 of this title for a member on official travel.

(2) For purposes of paragraph (1), the permanent residence of a member—

(A) shall be established not later than 30 days after the date on which the permanent duty assignment of the member begins; and

(B) may not be re-established until after the member receives subsequent orders for a permanent change of assignment.

(3) In the case of a member whose permanent residence changes after the date described in subparagraph (A) of paragraph (2) and before the member receives orders described in subparagraph (B) of such paragraph, the Secretary concerned may provide the member expenses described in paragraph (1) or such other reimbursement as the Secretary determines appropriate if the member travels more than 50 miles from the new permanent residence of the member for training described in paragraph (9) of subsection (b) or duty described in paragraph (10) of such subsection.

(Added Pub. L. 112–81, div. A, title VI, §631(b), Dec. 31, 2011, 125 Stat. 1455; amended Pub. L. 116–92, div. A, title VI, §607(b), Dec. 20, 2019, 133 Stat. 1425; Pub. L. 116–283, div. A, title VI, §605, title XII, §1299N, Jan. 1, 2021, 134 Stat. 3672, 4016; Pub. L. 117–81, div. A, title VI, §§603(c)(1), (d)(1), 623, Dec. 27, 2021, 135 Stat. 1766, 1767, 1772; Pub. L. 117–263, div. A, title VI, §621, Dec. 23, 2022, 136 Stat. 2625; Pub. L. 118–159, div. A, title VI, §623(a), Dec. 23, 2024, 138 Stat. 1933.)

Applicability of Amendment

Amendment of section by Pub. L. 118–159 applicable to travel on or after Jan. 1, 2027. See 2024 Amendment note below.

Editorial Notes

Amendments

2024—Subsec. (j). Pub. L. 118–159 added subsec. (j).

2022—Subsec. (b)(18), (21). Pub. L. 117–263, §621(1), redesignated par. (18), relating to presence of family members at the funeral and memorial services of members, as (21).

Subsec. (b)(22), (23). Pub. L. 117–263, §621(2), added pars. (22) and (23).

2021—Subsec. (b)(18). Pub. L. 117–81, §623, added par. (18) relating to presence of family members at the funeral and memorial services of members at end of subsec. (b).

Pub. L. 117–81, §603(c)(1), added par. (18) relating to travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education.

Subsec. (b)(19). Pub. L. 117–81, §603(c)(1), added par. (19).

Subsec. (b)(20). Pub. L. 117–81, §603(d)(1)(A), added par. (20).

Subsec. (c)(1). Pub. L. 116–283, §605, inserted "(including fares and tolls, without regard to distance travelled)" after "transportation".

Subsec. (c)(4), (5). Pub. L. 116–283, §1299N, added par. (4) and redesignated former par. (4) as (5).

Subsec. (i). Pub. L. 117–81, §603(d)(1)(B), added subsec. (i).

2019—Subsec. (c)(3), (4). Pub. L. 116–92 added par. (3) and redesignated former par. (3) as (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Pub. L. 118–159, div. A, title VI, §623(b), Dec. 23, 2024, 138 Stat. 1934, provided that: "The amendment made by subsection (a) [amending this section] shall apply to travel on or after January 1, 2027."
37 U.S.C. § 1001 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 19: ADMINISTRATION / Section 1001: Regulations relating to pay and allowances
Regulations relating to pay and allowances
Status: in_force

(a) A Secretary of a military department may not prescribe a regulation under this title or any other law, relating to the pay and allowances of members of an armed force under that department, unless it has been approved under procedures prescribed by the Secretary of Defense.

(b) Regulations of the Secretary concerned relating to pay and allowances matters, similar to those covered by subsection (a), for members of the Coast Guard, the National Oceanic and Atmospheric Administration, and the Public Health Service, shall, as far as practicable, conform to regulations approved under that subsection.

(c) The Secretary of Defense, the Secretary of Homeland Security, the Secretary of Commerce, or the Secretary of Health and Human Services, may obtain from the Comptroller General an advisory opinion with respect to a proposed regulation especially affecting a department under that Secretary's jurisdiction.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 89–718, §§49(a)(1), 69, Nov. 2, 1966, 80 Stat. 1121, 1123; Pub. L. 90–623, §3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–513, title V, §516(22), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314.)

Historical and Revision Notes

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

1001(a)
1001(b)

1001(c) 

37:324 (1st sentence).
37:324 (2d sentence).

37:324 (less 1st and 2d sentences). 

Oct. 12, 1949, ch. 681, §534; added Sept. 2, 1957, Pub. L. 85–272, §4, 71 Stat. 597.

In subsection (a), the words "within the Department of Defense" are omitted as surplusage. The words "members of the armed forces" are substituted for the words "military personnel".

In subsection (b), the words "conform to" are substituted for the words "agree with".

In subsection (c), the words "or departments" are omitted, since, under section 1 of title 1, words importing the singular include and apply to several persons, parties, or things.

Editorial Notes

Amendments

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

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

1980—Subsec. (b). Pub. L. 96–513, §516(22)(A), substituted "National Oceanic and Atmospheric Administration" for "Environmental Science Services Administration".

Subsec. (c). Pub. L. 96–513, §516(22)(B), substituted "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare".

1968—Subsec. (c). Pub. L. 90–623 substituted "Secretary of Transportation" for "Secretary of the Treasury".

1966—Subsec. (b). Pub. L. 89–718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey", and inserted "and allowances" between "pay" and "matters".

Statutory Notes and Related Subsidiaries

Effective Date of 2002 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 1980 Amendment

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

Effective Date of 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.

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.
37 U.S.C. § 311 (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 311: Repealed. Pub. L. 99-145, title VI, §639(b), Nov. 8, 1985, 99 Stat. 651
Repealed. Pub. L. 99-145, title VI, §639(b), Nov. 8, 1985, 99 Stat. 651
Status: repealed

[§311. Repealed. Pub. L. 99–145, title VI, §639(b), Nov. 8, 1985, 99 Stat. 651]

Section, added Pub. L. 90–207, §1(2)(A), Dec. 16, 1967, 81 Stat. 651; amended Pub. L. 90–603, §1, Oct. 18, 1968, 82 Stat. 1187; Pub. L. 90–623, §3(5), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–274, §1(3), May 6, 1974, 88 Stat. 95; Pub. L. 93–394, §1, Aug. 29, 1974, 88 Stat. 792; Pub. L. 96–284, §4(d)(1)–(3), June 28, 1980, 94 Stat. 591, 592; Pub. L. 96–513, title IV, §414(b), title V, §516(7), Dec. 12, 1980, 94 Stat. 2906, 2938, provided for continuation pay for dentists in the armed forces. See section 302b of this title.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Oct. 1, 1985, see section 639(f) of Pub. L. 99–145, set out as an Effective Date of 1985 Amendment note under section 302b of this title.
37 U.S.C. § 910 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 17: MISCELLANEOUS RIGHTS AND BENEFITS / Section 910: Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service
Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service
Status: in_force

(a) Payment Required.—The Secretary concerned shall pay to an eligible member of a reserve component of the armed forces an amount equal to the monthly active-duty income differential of the member, as determined by the Secretary, when the total monthly military compensation of the member is less than the average monthly civilian income of the member. The payments shall be made on a monthly basis.

(b) Eligibility.—(1) A member of a reserve component is entitled to a payment under this section for any full month of active duty of the member, when the total monthly military compensation of the member is less than the average monthly civilian income of the member, while the member is on active duty under an involuntary mobilization order, following the date on which the member—

(A) completes 547 continuous days of service on active duty under an involuntary mobilization order;

(B) completes 730 cumulative days on active duty under an involuntary mobilization order during the previous 1,826 days; or

(C) is involuntarily mobilized for service on active duty for a period of 180 days or more within 180 days after the date of the member's separation from a previous period of active duty for a period of 180 days or more.

(2) The entitlement of a member of a reserve component to a payment under this section also shall commence or, if previously commenced under paragraph (1), shall continue if the member—

(A) satisfies the required number of days on active duty specified in subparagraph (A) or (B) of paragraph (1) or was involuntarily mobilized as provided in subparagraph (C) of such paragraph; and

(B) is retained on active duty under subparagraph (A) or (B) of section 12301(h)(1) of title 10 because of an injury or illness incurred or aggravated while the member was assigned to duty in an area for which special pay under section 310, or paragraph (1) or (3) of section 351(a), of this title is available.

(3) A civilian employee of the Federal Government who is also a member of a reserve component is not entitled to a payment under this section for any period for which the employee is entitled to—

(A) a differential payment under section 5538 of title 5; or

(B) a comparable benefit under an administratively established program for civilian employees absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services.

(c) Minimum and Maximum Payment Amounts.—(1) A payment under this section shall be made to a member for a month only if the amount of the monthly active-duty income differential for the month is greater than $50.

(2) Notwithstanding the amount determined under subsection (d) for a member for a month, the monthly payment to a member under this section may not exceed $3,000.

(d) Monthly Active-Duty Income Differential.—For purposes of this section, the monthly active-duty income differential of a member is the difference between—

(1) the average monthly civilian income of the member; and

(2) the member's total monthly military compensation.

(e) Definitions.—In this section:

(1) The term "average monthly civilian income", with respect to a member of a reserve component, means the amount, determined by the Secretary concerned, of the earned income of the member for either the 12 months preceding the member's mobilization or the 12 months covered by the member's most recent Federal income tax filing, divided by 12.

(2) The term "total monthly military compensation" means the amount, computed on a monthly basis, of the sum of—

(A) the amount of the regular military compensation (RMC) of the member; and

(B) any amount of special pay or incentive pay and any allowance (other than an allowance included in regular military compensation) that is paid to the member on a monthly basis.

(f) Regulations.—This section shall be administered under regulations to be prescribed by the Secretary of Defense.

(g) Termination.—No payment shall be made to a member under this section for months beginning after December 31, 2025, unless the entitlement of the member to payments under this section commenced on or before that date.

(Added Pub. L. 109–163, div. A, title VI, §614(a), Jan. 6, 2006, 119 Stat. 3292; amended Pub. L. 110–181, div. A, title VI, §604, Jan. 28, 2008, 122 Stat. 145; Pub. L. 110–417, [div. A], title VI, §605, Oct. 14, 2008, 122 Stat. 4483; Pub. L. 111–84, div. A, title VI, §611(7), Oct. 28, 2009, 123 Stat. 2352; Pub. L. 111–383, div. A, title VI, §§601(a), 611(7), Jan. 7, 2011, 124 Stat. 4235, 4236; Pub. L. 112–81, div. A, title VI, §611(7), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §611(8), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §611(8), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §611(8), Dec. 19, 2014, 128 Stat. 3399; Pub. L. 114–92, div. A, title VI, §611(8), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §§611(8), 618(h)(5), Dec. 23, 2016, 130 Stat. 2157, 2161; Pub. L. 115–91, div. A, title VI, §611(8), Dec. 12, 2017, 131 Stat. 1421; Pub. L. 115–232, div. A, title VI, §611(a), Aug. 13, 2018, 132 Stat. 1796; Pub. L. 116–92, div. A, title VI, §611(a), Dec. 20, 2019, 133 Stat. 1425; Pub. L. 116–283, div. A, title VI, §611(a), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, §611(a), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §601(a), Dec. 23, 2022, 136 Stat. 2619; Pub. L. 118–31, div. A, title VI, §613(a), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118–159, div. A, title VI, §611(a), Dec. 23, 2024, 138 Stat. 1932.)

Editorial Notes

Amendments

2024—Subsec. (g). Pub. L. 118–159 substituted "December 31, 2025" for "December 31, 2024".

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

2022—Subsec. (g). Pub. L. 117–263 substituted "December 31, 2023" for "December 31, 2022".

2021—Subsec. (g). Pub. L. 117–81 substituted "December 31, 2022" for "December 31, 2021".

Pub. L. 116–283 substituted "December 31, 2021" for "December 31, 2020".

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

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

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

2016—Subsec. (b)(2)(B). Pub. L. 114–328, §618(h)(5), inserted ", or paragraph (1) or (3) of section 351(a)," after "section 310".

Subsec. (g). Pub. L. 114–328, §611(8), substituted "December 31, 2017" for "December 31, 2016".

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

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

2013—Subsec. (g). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (b)(3). Pub. L. 111–383, §601(a), added par. (3).

Subsec. (g). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383, §611(7), substituted "December 31, 2011" for "December 31, 2010".

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

2008—Subsec. (a). Pub. L. 110–181, §604(a), inserted before period at end of first sentence ", when the total monthly military compensation of the member is less than the average monthly civilian income of the member".

Subsec. (b). Pub. L. 110–181, §604(b), amended subsec. (b) generally. Prior to amendment, text read as follows: "Subject to subsection (c), a reserve component member is entitled to a payment under this section for any full month of active duty of the member, while on active duty under an involuntary mobilization order, following the date on which the member—

"(1) completes 18 continuous months of service on active duty under such an order;

"(2) completes 24 months on active duty during the previous 60 months under such an order; or

"(3) is involuntarily mobilized for service on active duty for a period of 180 days or more within six months or less following the member's separation from a previous period of involuntary active duty for a period of 180 days or more."

Subsec. (g). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181, §604(c), amended subsec. (g) generally. Prior to amendment, text read as follows: "No payment shall be made under this section after December 31, 2008."

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 111–383, div. A, title VI, §601(b), Jan. 7, 2011, 124 Stat. 4235, provided that: "Subsection (b)(3) of section 910 of title 37, United States Code, as added by subsection (a), shall apply with respect to payments under such section for months beginning on or after the date of the enactment of this Act [Jan. 7, 2011]."

Effective Date

Pub. L. 109–163, div. A, title VI, §614(c), Jan. 6, 2006, 119 Stat. 3293, provided that: "Section 910 of title 37, United States Code, as added by subsection (a), may apply only with respect to months beginning after the end of the 180-day period beginning on the date of the enactment of this Act [Jan. 6, 2006]."
37 U.S.C. § 303 (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 303: Special pay: veterinarians
Special pay: veterinarians
Status: in_force

(a) Monthly Special Pay.—Each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:

(1) A commissioned officer—

(A) of the Regular Army who is in the Veterinary Corps;

(B) of the Regular Air Force who is an officer in the Biomedical Sciences Corps and holds a degree in veterinary medicine; or

(C) who is a veterinary officer of the Regular Corps of the Public Health Service.

(2) A commissioned officer—

(A) of a Reserve component of the Army who is in the Veterinary Corps of the Army;

(B) of a reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who—

(i) is designated as a veterinary officer; or

(ii) is an officer in the Biomedical Sciences Corps of the Air Force and holds a degree in veterinary medicine; or

(C) who is a veterinary officer of the Reserve Corps 1 of the Public Health Service,

who is on active duty as a result of a call or order to active duty for a period of at least one year.

(3) A general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, the Air Force, or the National Guard, as the case may be.

(b) Additional Special Pay for Board Certification.—A commissioned officer entitled to special pay under subsection (a) who has been certified as a Diplomate in a specialty recognized by the American Veterinarian Medical Association is entitled to special pay (in addition to the special pay under subsection (a)) at the same rate as is provided under section 302c(b) of this title for an officer referred to in that section who has the same number of years of creditable service as the commissioned officer.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 88–2, §5, Mar. 28, 1963, 77 Stat. 4; Pub. L. 90–40, §5, June 30, 1967, 81 Stat. 105; Pub. L. 92–129, title I, §104, Sept. 28, 1971, 85 Stat. 355; Pub. L. 93–64, title II, §203, July 9, 1973, 87 Stat. 149; Pub. L. 95–114, §3, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95–485, title VIII, §801(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96–284, §4(c), June 28, 1980, 94 Stat. 591; Pub. L. 100–26, §8(d)(3), Apr. 21, 1987, 101 Stat. 285; Pub. L. 100–180, div. A, title XII, §1232, Dec. 4, 1987, 101 Stat. 1161; Pub. L. 102–25, title VII, §702(b)(2), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106–65, div. A, title VI, §616(a), Oct. 5, 1999, 113 Stat. 652; Pub. L. 106–398, §1 [[div. A], title VI, §629], Oct. 30, 2000, 114 Stat. 1654, 1654A–155.)

Historical and Revision Notes

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

303(a)

 

 

 
303(b) 

37:234(b) (less 1st proviso, as applicable to veterinarians).
37:234(c).

37:234(b) (1st proviso, as applicable to veterinarians). 

Oct. 12, 1949, ch. 681, §203(b) (as applicable to veterinarians), (c), 63 Stat. 809; June 25, 1952, ch. 459, §1, 66 Stat. 156; June 29, 1953, ch. 158, §8 (as applicable to veterinarians), 67 Stat. 89; June 30, 1955, ch. 250, §203, 69 Stat. 225; Apr. 30, 1956, ch. 223, §5, 70 Stat. 122; Mar. 23, 1959, Pub. L. 86–4, §5, 73 Stat. 13.

In subsection (a), clause (1) is substituted for section 234(c)(1), (2), and (3) of existing title 37. The words "of the Regular Army" and "of the Regular Air Force" are inserted in clauses (1)(A) and (B), respectively, since in contradistinction to section 234(c)(4) of existing title 37, their source was intended to apply only to regular officers. Clauses (2)(A) and (B) are substituted for the enumeration of categories in section 234(c)(4) of existing title 37 to reflect current usage and designations of those categories. Clause (3) is substituted for section 234(c)(5) and (6) of existing title 37. Section 234(b) (2d proviso) of existing title 37 is omitted as obsolete. Section 234(b) (last proviso) of existing title 37 is omitted as inapplicable to veterinarians.

In subsection (b), the words "disability retirement pay" are omitted as covered by the words "retired pay".

Editorial Notes

Amendments

2000—Subsec. (a)(1)(B). Pub. L. 106–398, §1 [[div. A], title VI, §629(1)], substituted "who is an officer in the Biomedical Sciences Corps and holds a degree in veterinary medicine" for "who is designated as a veterinary officer".

Subsec. (a)(2)(B). Pub. L. 106–398, §1 [[div. A], title VI, §629(2)], added subpar. (B) and struck out former subpar. (B) which read as follows: "of a Reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who is designated as a veterinary officer of the Army or the Air Force, as the case may be; or".

1999—Pub. L. 106–65 designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b).

1991—Par. (3). Pub. L. 102–25 struck out "of this subsection" after "clause (1) or (2)".

1987—Pub. L. 100–180 substituted semicolon for comma at end of par. (2)(A) and "; or" for ", or" at end of par. (2)(B).

Pub. L. 100–26 substituted "A" for "a" at beginning of pars. (1) to (3), semicolon for comma at end of par. (1)(A), "; or" for ", or" at end of par. (1)(B), period for semicolon at end of par. (1)(C), and period for "; and" at end of par. (2); and directed substitution of semicolon for comma at end of par. (1)(B) which could not be executed because no comma appeared at end of par. (1)(B).

1980—Pub. L. 96–284 substituted "Each" for "(a) In addition to any other basic pay, special pay, incentive pay or allowance to which he is entitled, each", struck out "beginning on or after October 1, 1977" after "active duty", struck out subsec. (b) which prohibited inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay, and struck out subsec. (c) which provided that no special pay be paid for any month after September 1980.

1978—Subsec. (c). Pub. L. 95–485 substituted "September 1980" for "September 1978".

1977—Subsec. (a). Pub. L. 95–114 amended subsec. (a) to provide for the reinstatement of special pay provisions for veterinarians for each month on active duty beginning on or after Oct. 1, 1977.

Subsecs. (b), (c). Pub. L. 95–114 reenacted subsec. (b) without change and added subsec. (c).

1973—Subsec. (a). Pub. L. 93–64 substituted "July 1, 1975" for "July 1, 1973" wherever appearing.

1971—Subsec. (a). Pub. L. 92–129 substituted "July 1, 1973" for "July 1, 1971" wherever appearing.

1967—Subsec. (a). Pub. L. 90–40 substituted "July 1, 1971" for "July 1, 1967" wherever appearing.

1963—Subsec. (a). Pub. L. 88–2 substituted "July 1, 1967" for "July 1, 1963" wherever appearing.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, §616(b), Oct. 5, 1999, 113 Stat. 652, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to months beginning on and after that date."

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–114 effective Oct. 1, 1977, see section 4 of Pub. L. 95–114, set out as a note under section 302a of this title.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–64 effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under section 401 of this title.

1 See Change of Name note below.
37 U.S.C. § 374 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 5: SPECIAL AND INCENTIVE PAYS / Subchapter III: GENERAL PROVISIONS / Section 374: Regulations
Regulations
Status: in_force

This subchapter and subchapter II shall be administered under regulations prescribed by—

(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense;

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

(3) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and

(4) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.

(Added Pub. L. 110–181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 178.)
37 U.S.C. § 1006 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 19: ADMINISTRATION / Section 1006: Advance payments
Advance payments
Status: in_force

(a) Under regulations prescribed by the Secretary concerned, a member of a uniformed service may be paid in advance—

(1) not more than three months' pay of such member upon such member's change of permanent station; or

(2) the amount of an allotment made from such member's pay to a dependent if such member is assigned or scheduled for assignment to sea duty or other duty with a unit or command deployed or to be deployed outside the United States and the allotment is made by such member not more than sixty days before the scheduled date of the assignment of such member to such duty.

(b) Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is on duty at a distant station where the pay and emoluments to which he is entitled cannot be disbursed regularly, may be paid in advance.

(c) Under regulations prescribed by the Secretary concerned, an advance of pay to a member of a uniformed service who is on duty outside the United States, or other place designated by the Secretary of Defense, of not more than two months' basic pay may be made to a member if the member or the dependents of the member are ordered evacuated by competent authority. An advance of pay under this subsection is not subject to the conditions under which advances of pay may be made under subsection (a) or (b). An advance may be made on the basis of the evacuation of a member's dependents only if all dependents of members of the uniformed services are ordered evacuated from the place where the member's dependents are located. In the case of a member with dependents, the payment may be made directly to dependents previously designated by the member. The Secretary concerned or his designee may waive any right of recovery of not more than one month's basic pay advanced under this subsection if he finds that recovery of the advance would be against equity and good conscience or against the public interest.

(d) If a person to whom an advance of pay is made under subsection (a), (b), or (c) dies or is separated from his uniformed service, before liquidation of that advance, the amount remaining unliquidated at the time of his death or separation shall be credited to the account of the disbursing officer concerned. However, the unliquidated amount remains a debt of that person or his estate to the United States.

(e)(1) As far as practicable, regulations for the administration of subsections (a)–(d) shall be uniform for all of the uniformed services.

(2)(A) Notwithstanding any other provision of law, an obligation for an advance of pay made pursuant to this section shall be recorded as an obligation only in the fiscal year in which the entitlement of the member to the pay accrues.

(B) Current appropriations available for advance payments under this section may be transferred to the prior fiscal year appropriation available for the same purpose in the amount of any unliquidated advance payments that remain at the end of such prior fiscal year. Such unliquidated advance payments shall then be credited to the current appropriation.

(f) Under regulations prescribed by the Secretary of Homeland Security, an advance of pay of not more than three months' pay may be made to an officer of the Coast Guard who is ordered to sea duty or to or from shore duty beyond the seas. In addition, the Commandant of the Coast Guard may direct such advances as he considers necessary and proper to members of the Coast Guard stationed at distant stations where the pay and emoluments to which they are entitled cannot be paid regularly.

(g) Under regulations prescribed by the Secretary concerned, the dislocation allowance authorized by section 452(c)(2) of this title for a member of a uniformed service whose dependents are covered by section 452(b)(11) of this title may be paid in advance of the evacuation of the dependents and to the dependents designated by the member.

(h) Notwithstanding subsections (a) and (b) of section 3324 of title 31, the Secretary concerned may, when the last day of the pay period falls on a Saturday, Sunday, or legal holiday, authorize the payment of pay and allowances to members of uniformed service under his jurisdiction on the preceding workday but not more than three days before the last day of that pay period. If a member dies after he has received an advance payment under this subsection, but before the last day of the pay period for which the payment is made, no part of the amount so advance is recoverable by the United States.

(i) Under regulations prescribed by the Secretary concerned, not more than one month's pay may be paid in advance to a member of the Armed Forces Health Professions Scholarship program upon reporting for a period of active duty required by section 2121(c) of title 10.

(j) Under regulations prescribed by the Secretary concerned, not more than one month's pay may be paid in advance to a member of the Senior Reserve Officers' Training Corps who is ordered to field training or a practice required under section 2109 of title 10.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 89–26, §1(6), May 22, 1965, 79 Stat. 117; Pub. L. 89–193, Sept. 21, 1965, 79 Stat. 823; Pub. L. 89–718, §70, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 90–623, §3(1), (9), Oct. 22, 1968, 82 Stat. 1314, 1315; Pub. L. 96–76, title III, §313(b), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96–215, §3, Mar. 25, 1980, 94 Stat. 123; Pub. L. 96–343, §8, Sept. 8, 1980, 94 Stat. 1128; Pub. L. 96–513, title V, §516(23), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 97–60, title I, §131(b), Oct. 14, 1981, 95 Stat. 1005; Pub. L. 97–258, §3(j), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99–145, title XIII, §1303(b)(12), Nov. 8, 1985, 99 Stat. 741; Pub. L. 99–661, div. A, title VI, §602(a), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title VI, §602(a), Oct. 23, 1992, 106 Stat. 2420; Pub. L. 103–160, div. A, title VI, §605(a), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 105–261, div. A, title VI, §652, Oct. 17, 1998, 112 Stat. 2051; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, §626(h)(9), Dec. 23, 2022, 136 Stat. 2630.)

Historical and Revision Notes

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

1006(a) 
37:310c(a). 
Oct. 5, 1949, ch. 600, §1, 63 Stat. 703.

1006(b) 
37:319c(b). 
Oct. 5, 1949, ch. 600, §2; added Aug. 30, 1961, Pub. L. 87–188, §1, 75 Stat. 416.

1006(c) 
37:310c–1. 
Oct. 5, 1949, ch. 600, §2, 63 Stat. 704; redesignated as section 3, Aug. 30, 1961, Pub. L. 87–188, §2, 75 Stat. 416.

1006(d) 
37:310d.

1006(e) 
37:310c (less (a) and (b)).

1006(f) 
14:465. 
[None.]

In subsections (a) and (b), the words "a member of an armed force" are substituted for the words "commissioned and warrant officers, and enlisted men of the armed services." The words "Secretary concerned" are substituted for the words "heads of the departments concerned" to conform to the definition in section 101(5) of this revised title.

In subsection (b), the words "may be paid in advance" are substituted for the words "may have their pay and emoluments advanced".

In subsection (c), the words "Secretary concerned" are substituted for the words "heads of the departments concerned" to conform to the definition in section 101(5) of this revised title. The words "member of an armed force" are substituted for the words "members of the armed services". The words "who are" are substituted for the words "in the event such dependents are". The words "under subsection (a) or (b) of this section" are substituted for the words "in section 310c of this title" to reflect the section of this revised title which restates that section. The words "dependents of members of the armed forces" are substituted for the words "military dependents." The words "at a place" are omitted as surplusage.

In subsection (d), the words "If a" are substituted for the words "In the event the". The words "credited to the account" are substituted for the words "passed to credit in the account".

Editorial Notes

Amendments

2022—Subsec. (g). Pub. L. 117–263 substituted "section 452(c)(2)" for "section 477" and "section 452(b)(11)" for "section 475a(a)".

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

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

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

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

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

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

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

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

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

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

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

1982—Subsec. (h). Pub. L. 97–258 substituted "section 3324(a) and (b) of title 31" for "section 3648 of the Revised Statutes (31 U.S.C. 529)" after "Notwithstanding".

1981—Subsec. (i). Pub. L. 97–60 added subsec. (i).

1980—Subsec. (a). Pub. L. 96–343 inserted provision authorizing an advance payment of the amount of an allotment made from the pay of a member of the uniformed services to a dependent if the member is scheduled for duty with a unit deployed outside the United States and the allotment is made not more than 60 days before the scheduled date of the assignment.

Pub. L. 96–215, §3(1), substituted "a uniformed service" for "an armed force or of the Public Health Service".

Subsec. (b). Pub. L. 96–215, §3(1), substituted "a uniformed service" for "an armed force or of the Public Health Service".

Subsec. (c). Pub. L. 96–215, §3(1), (2), substituted "a uniformed service" for "an armed force or of the Public Health Service" and "members of the uniformed services" for "members of the armed forces or of the Public Health Service".

Subsec. (d). Pub. L. 96–215, §3(3), substituted "from his uniformed service" for "from his armed force or from the Public Health Service".

Subsec. (e). Pub. L. 96–215, §3(4), substituted "uniformed services" for "armed forces and the Public Health Service".

Subsec. (h). Pub. L. 96–513 substituted "3648 of the Revised Statutes (31 U.S.C. 529)" for "529 of title 31".

Pub. L. 96–215, §3(5), substituted "a uniformed service" for "an armed force or of the Public Health Service".

1979—Subsecs. (a) to (d) and (h). Pub. L. 96–76 inserted reference to the Public Health Service.

1968—Subsec. (a). Pub. L. 90–623, §3(9), substituted "change of permanent station" for "permanent change of station".

Subsec. (f). Pub. L. 90–623, §3(1), substituted "Secretary of Transportation" for "Secretary of the Treasury".

1966—Subsec. (h). Pub. L. 89–718 redesignated as subsec. (h) the subsection relating to advance payment of pay and allowances when the last day of the pay period falls on a Saturday, Sunday, or legal holiday, formerly designated as subsec. (g).

1965—Subsec. (c). Pub. L. 89–26, §1(6)(A), empowered the Secretary concerned or his designee to waive any right of recovery of not more than one month's basic pay advanced if he finds that recovery of the advance would be against equity and good conscience or against the public interest.

Subsec. (g). Pub. L. 89–193 added subsec. (g) relating to the payment of pay and allowances when the last day of the pay period falls on a Saturday, Sunday, or legal holiday.

Pub. L. 89–26, §1(6)(B), added subsec. (g) relating to advance payment of the dislocation allowance.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

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

Effective Date of 2002 Amendment

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

Effective Date of 1992 Amendment

Pub. L. 102–484, div. A, title VI, §602(b), Oct. 23, 1992, 106 Stat. 2420, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to evacuations on or after June 1, 1991."

Effective Date of 1986 Amendment

Pub. L. 99–661, div. A, title VI, §602(b), Nov. 14, 1986, 100 Stat. 3874, as amended by Pub. L. 100–26, §3(2), Apr. 21, 1987, 101 Stat. 273, provided that: "Subsection (j) of section 1006 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay payable for months beginning after the date of the enactment of this Act [Nov. 14, 1986]."

Effective Date of 1980 Amendment

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

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under section 206 of Title 42, The Public Health and Welfare.

Effective Date of 1968 Amendment

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

Effective Date of 1965 Amendment

Pub. L. 89–26, §2, May 22, 1965, 79 Stat. 117, as amended by Pub. L. 89–608, §1, Sept. 30, 1966, 80 Stat. 851; Pub. L. 92–176, Dec. 2, 1971, 85 Stat. 494, provided that: "This Act [enacting section 475a of this title and amending this section and sections 407 and 411 of this title] becomes effective on February 1, 1965."

Transfer of Functions

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

Fiscal Year of Recordation of Obligations

Pub. L. 94–212, title VII, §744, Feb. 9, 1976, 90 Stat. 175, provided that: "Obligations hereafter incurred for advance payments of pay and allowances pursuant to section 1006 of title 37, United States Code, shall be recorded as obligations only in the fiscal year in which such payments are earned."
37 U.S.C. § 302h (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 302h: Special pay: accession bonus for dental officers
Special pay: accession bonus for dental officers
Status: in_force

(a) Accession Bonus Authorized.—(1) A person who is a graduate of an accredited dental school and who, during the period beginning on September 23, 1996, and ending on December 31, 2018, executes a written agreement described in subsection (c) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.

(2) The amount of an accession bonus under paragraph (1) may not exceed $200,000.

(b) Limitation on Eligibility for Bonus.—A person may not be paid a bonus under subsection (a) if—

(1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in dentistry; or

(2) the Secretary concerned determines that the person is not qualified to become and remain certified and licensed as a dentist.

(c) Agreement.—The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed service concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer.

(d) Repayment.—A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a dentist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 104–201, div. A, title VI, §615(c)(1), Sept. 23, 1996, 110 Stat. 2545; amended Pub. L. 107–107, div. A, title VI, §618, Dec. 28, 2001, 115 Stat. 1137; Pub. L. 107–314, div. A, title VI, §612(f), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, §612(f), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, §612(f), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§622(f), 687(b)(11), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109–364, div. A, title VI, §§612(f), 617(a), Oct. 17, 2006, 120 Stat. 2248, 2249; Pub. L. 110–181, div. A, title VI, §612(f), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, §612(f), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, §612(b)(5), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §612(b)(5), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §612(b)(5), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §612(b)(5), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §612(b)(5), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §612(b)(5), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §612(b)(5), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §612(b)(5), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, §612(b)(5), Dec. 12, 2017, 131 Stat. 1422.)

Editorial Notes

Amendments

2017—Subsec. (a)(1). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (a)(1). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (a)(1). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (a)(1). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (a)(1). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (a)(1). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (a)(1). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (a)(1). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

2006—Subsec. (a)(1). Pub. L. 109–364, §612(f), substituted "December 31, 2007" for "December 31, 2006".

Pub. L. 109–163, §622(f), substituted "December 31, 2006" for "December 31, 2005".

Subsec. (a)(2). Pub. L. 109–364, §617(a), substituted "$200,000" for "$30,000".

Subsec. (d). Pub. L. 109–163, §687(b)(11), amended heading and text of subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to become and remain certified or licensed as dentist or fails to complete total period of active duty.

2004—Subsec. (a)(1). Pub. L. 108–375 substituted "December 31, 2005" for "December 31, 2004".

2003—Subsec. (a)(1). Pub. L. 108–136 substituted "December 31, 2004" for "December 31, 2003".

2002—Subsec. (a)(1). Pub. L. 107–314 substituted "December 31, 2003" for "December 31, 2002".

2001—Subsec. (a)(1). Pub. L. 107–107 substituted "September 23, 1996, and ending on December 31, 2002" for "the date of the enactment of this section, and ending on September 30, 2002".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

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

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, §617(e), Oct. 17, 2006, 120 Stat. 2251, provided that: "The amendments made by this section [enacting sections 302k and 302l of this title and amending this section] shall take effect on October 1, 2006, and shall apply to agreements—

"(1) entered into or revised under section 302h of title 37, United States Code, on or after that date; or

"(2) entered into under section 302k or 302l of such title, as added by subsections (b) and (c), on or after that date."

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.
37 U.S.C. § 315 (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 315: Special pay: engineering and scientific career continuation pay
Special pay: engineering and scientific career continuation pay
Status: in_force

(a) In this section, the term "engineering or scientific duty" means service performed by an officer—

(1) that requires an engineering or science degree; and

(2) that requires a skill designated (under regulations prescribed by the Secretary of Defense for the armed forces, by the Secretary of Commerce for the National Oceanic and Atmospheric Administration, or by the Secretary of Health and Human Services for the Public Health Service) as critical and as a skill in which there is a critical shortage of officers in the uniformed service concerned.

(b) Under regulations prescribed by the Secretary concerned, an officer of a uniformed service who—

(1) is entitled to basic pay;

(2) is below the pay grade of O–7;

(3) holds a degree in engineering or science from an accredited college or university;

(4) has been certified by the Secretary concerned as having the technical qualifications for detail to engineering or scientific duty;

(5) has completed at least three but less than nineteen years of engineering or scientific duty as an officer; and

(6) executes a written agreement to remain on active duty for detail to engineering or scientific duty for at least one year, but not more than four years;

may, upon acceptance of the written agreement by the Secretary concerned, be paid, in addition to all other compensation to which the officer is entitled, an amount not to exceed $3,000 multiplied by the number of years, or monthly fraction thereof, of obligated service to which the officer agrees under the agreement. The total amount payable may be paid in a lump sum or in equal periodic installments, as determined by the Secretary concerned.

(c) An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 97–60, title I, §120(a), Oct. 14, 1981, 95 Stat. 998; amended Pub. L. 99–145, title VI, §637(a), Nov. 8, 1985, 99 Stat. 648; Pub. L. 100–26, §8(e)(6), Apr. 21, 1987, 101 Stat. 286; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 109–163, div. A, title VI, §687(b)(24), Jan. 6, 2006, 119 Stat. 3331.)

Editorial Notes

Amendments

2006—Subsec. (c). Pub. L. 109–163 amended subsec. (c) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer receives bonus but fails to complete agreed upon period of active duty.

1991—Subsec. (c). Pub. L. 102–25 struck out "of this section" after "subsection (b)" in two places in par. (1) and struck out "of this subsection" after "paragraph (1)" in pars. (2) to (4) and after "paragraph (3)" in par. (2).

1987—Subsec. (a). Pub. L. 100–26 inserted "the term" after "In this section,".

1985—Subsec. (a). Pub. L. 99–145, §637(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "In this section, the term 'engineering or scientific duty' means service performed by an officer that requires an engineering or science degree and that requires a skill designated under regulations prescribed by the Secretary of Defense as critical and as a skill in which there is a critical shortage of officers in the armed force concerned."

Subsec. (b). Pub. L. 99–145, §637(a)(2), in provision preceding par. (1), substituted "prescribed by the Secretary concerned" for "prescribed by the Secretary of Defense" and "officer of a uniformed service" for "officer of an armed force".

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §637(b), Nov. 8, 1985, 99 Stat. 649, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985."

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. § 354 (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 354: Special pay: 15-year career status bonus for members entering service on or after August 1, 1986
Special pay: 15-year career status bonus for members entering service on or after August 1, 1986
Status: in_force

(a) Availability of Bonus.—The Secretary concerned shall pay a bonus under this section to an eligible career bonus member if the member—

(1) elects to receive the bonus under this section; and

(2) executes a written agreement (prescribed by the Secretary concerned) to remain continuously on active duty until the member has completed 20 years of active-duty service creditable under section 1405 of title 10.

(b) Eligible Career Bonus Member Defined.—In this section, the term "eligible career bonus member" means a member of a uniformed service serving on active duty who—

(1) first became a member on or after August 1, 1986; and

(2) has completed 15 years of active duty in the uniformed services (or has received notification under subsection (e) that the member is about to complete that duty).

(c) Election Method.—An election under subsection (a)(1) shall be made in such form and within such period as the Secretary concerned may prescribe. An election under that subsection is irrevocable.

(d) Amount of Bonus; Payment.—(1) A bonus under this section shall be equal to $30,000.

(2) A member electing to receive the bonus under this section shall elect one of the following payment options:

(A) A single lump sum of $30,000.

(B) Two installments of $15,000 each.

(C) Three installments of $10,000 each.

(D) Four installments of $7,500 each.

(E) Five installments of $6,000 each.

(3) If a member elects installment payments under paragraph (2), the second installment (and subsequent installments, as applicable) shall be paid on the earlier of the following dates:

(A) The annual anniversary date of the payment of the first installment.

(B) January 15 of each succeeding calendar year.

(4) The lump sum payment of the bonus, and the first installment payment in the case of members who elect to receive the bonus in installments, shall be paid to an eligible career bonus member not later than the first month that begins on or after the date that is 60 days after the date on which the Secretary concerned receives from the member the election required under subsection (a)(1) and the written agreement required under subsection (a)(2), if applicable.

(e) Notification of Eligibility.—(1) The Secretary concerned shall transmit to each member who meets the definition of eligible career bonus member a written notification of the opportunity of the member to elect to receive a bonus under this section. The Secretary shall provide the notification not later than 180 days before the date on which the member will complete 15 years of active duty.

(2) The notification shall include the following:

(A) The procedures for electing to receive the bonus.

(B) An explanation of the effects under sections 1401a, 1409, and 1410 of title 10 that such an election has on the computation of any retired or retainer pay that the member may become eligible to receive.

(f) Repayment.—(1) If a person paid a bonus under this section does not complete a period of active duty beginning on the date on which the election of the person under paragraph (1) of subsection (a) is received and ending on the date on which the person completes 20 years of active duty service as described in paragraph (2) of such subsection, the person shall be subject to the repayment provisions of section 373 of this title.

(2) If a person who is paid a bonus under this section subsequently makes an election described in section 1409(b)(4)(B) of title 10, the person shall repay any bonus payments received under this section in the same manner as repayments are made under section 373 of this title.

(g) Sunset and Continuation of Payments.—(1) A Secretary concerned may not pay a new bonus under this section after December 31, 2017.

(2) Subject to subsection (f)(2), the Secretary concerned may continue to make payments for bonuses that were awarded under this section on or before the date specified in paragraph (1).

(Added Pub. L. 106–65, div. A, title VI, §642(a), Oct. 5, 1999, 113 Stat. 662, §322; amended Pub. L. 107–107, div. A, title VI, §620(a), Dec. 28, 2001, 115 Stat. 1138; Pub. L. 109–163, div. A, title VI, §687(b)(30), Jan. 6, 2006, 119 Stat. 3332; renumbered §354 and amended Pub. L. 110–181, div. A, title VI, §661(b)(1), (2), Jan. 28, 2008, 122 Stat. 178; Pub. L. 114–92, div. A, title VI, §631(c)(2), Nov. 25, 2015, 129 Stat. 844.)

Editorial Notes

Amendments

2015—Subsec. (f). Pub. L. 114–92, §631(c)(2)(A), designated existing provisions as par. (1) and added par. (2).

Subsec. (g). Pub. L. 114–92, §631(c)(2)(B), added subsec. (g).

2008—Pub. L. 110–181, §661(b)(1), renumbered section 322 of this title as this section.

Subsec. (f). Pub. L. 110–181, §661(b)(2), substituted "section 373" for "section 303a(e)".

2006—Subsec. (f). Pub. L. 109–163, amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when person elects to receive bonus to remain continuously on active duty until completion of 20 years but fails to complete total period.

2001—Subsec. (d)(1). Pub. L. 107–107, §620(a)(1), substituted "equal to $30,000" for "paid in a single lump sum of $30,000".

Subsec. (d)(2) to (4). Pub. L. 107–107, §620(a)(2), (3), added pars. (2) and (3), redesignated former par. (2) as (4), and substituted therein "The lump sum payment of the bonus, and the first installment payment in the case of members who elect to receive the bonus in installments," for "The bonus".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment; Implementation

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

Effective Date

Section effective Oct. 1, 1999, see section 644 of Pub. L. 106–65, set out as an Effective Date of 1999 Amendment note under section 1401a of Title 10, Armed Forces.

Savings Provision

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

Application to Existing Agreements

Pub. L. 107–107, div. A, title VI, §620(b), Dec. 28, 2001, 115 Stat. 1139, provided that: "The Secretary concerned (as defined in section 101(5) of title 37, United States Code) shall extend to each member of the uniformed services who has executed the written agreement required by subsection (a)(2) of section 322 [now 354] of such title before the date of the enactment of this Act [Dec. 28, 2001], but who has not received the lump sum payment by that date, an opportunity to make the election authorized by subsection (d) of such section, as amended by this section."
37 U.S.C. § 804 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 15: PROHIBITIONS AND PENALTIES / Section 804: Repealed. Pub. L. 104-106, div. A, title XI, §1122(c)(1), Feb. 10, 1996, 110 Stat. 463
Repealed. Pub. L. 104-106, div. A, title XI, §1122(c)(1), Feb. 10, 1996, 110 Stat. 463
Status: repealed

[§804. Repealed. Pub. L. 104–106, div. A, title XI, §1122(c)(1), Feb. 10, 1996, 110 Stat. 463]

Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486, provided that pay and allowances do not accrue to enlisted member of Army or Air Force who is in confinement under sentence of dishonorable discharge, while execution of sentence to discharge is suspended.
37 U.S.C. § 305b (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 305b: Special pay: service as member of Weapons of Mass Destruction Civil Support Team
Special pay: service as member of Weapons of Mass Destruction Civil Support Team
Status: in_force

(a) Special Pay Authorized.—The Secretary of a military department may pay special pay under this subsection to members of an armed force under the jurisdiction of the Secretary who are entitled to basic pay under section 204 and are assigned by orders to duty as members of a Weapons of Mass Destruction Civil Support Team if the Secretary determines that the payment of such special pay is needed to address recruitment or retention concerns in that armed force.

(b) Monthly Rate.—The monthly rate of special pay under subsection (a) may not exceed $150.

(c) Inclusion of Reserve Component Members Performing Inactive Duty Training.—(1) To the extent funds are made available to carry out this subsection, the Secretary of a military department may pay the special pay under subsection (a) to members of a reserve component of the armed forces who are entitled to compensation under section 206 of this title and who perform duty under orders as members of a Weapons of Mass Destruction Civil Support Team.

(2) The amount of the special pay for a member referred to in paragraph (1) shall be equal to 1/30 of the monthly special pay rate in effect under subsection (b) for each day on which the member performs duty under orders as members of a Weapons of Mass Destruction Civil Support Team.

(d) Regulations.—Special pay under this section shall be provided in accordance with regulations prescribed by the Secretary of Defense.

(e) Definition.—In this section, the term "Weapons of Mass Destruction Civil Support Team" means a team of members of the reserve components of the armed forces that is established under section 12310(c) of title 10 in support of emergency preparedness programs to prepare for or to respond to any emergency involving the use of a weapon of mass destruction.

(Added Pub. L. 108–136, div. A, title VI, §624(a), Nov. 24, 2003, 117 Stat. 1505.)
37 U.S.C. § 411l (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 411l: Renumbered §481l
Renumbered §481l
Status: renumbered

[§411l. Renumbered §481l]
37 U.S.C. § 302i (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 302i: Special pay: pharmacy officers
Special pay: pharmacy officers
Status: in_force

(a) Army, Navy, and Air Force Pharmacy Officers.—Under regulations prescribed pursuant to section 303a of this title, the Secretary of the military department concerned may, subject to subsection (c), pay retention special pay under this section to an officer who—

(1) is a pharmacy officer in the Medical Service Corps of the Army or Navy or the Biomedical Sciences Corps of the Air Force; and

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

(b) Public Health Service Corps.—Subject to subsection (c), the Secretary of Health and Human Services may pay retention special pay under this section to an officer who—

(1) is an officer in the Regular or Reserve Corps 1 of the Public Health Service and is designated as a pharmacy officer; and

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

(c) Limitation on Eligibility for Special Pay.—Special pay may not be paid under this section to an officer serving in a pay grade above pay grade O–6.

(d) Limitation on Amount of Special Pay.—The amount of retention special pay paid to an officer under this section may not exceed $15,000 for any 12-month period.

(Added Pub. L. 106–398, §1 [[div. A], title VI, §628(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–154; amended Pub. L. 107–314, div. A, title VI, §615(g), Dec. 2, 2002, 116 Stat. 2569.)

Editorial Notes

Amendments

2002—Subsecs. (a), (b). Pub. L. 107–314, §615(g)(1), substituted "retention special pay under this section" for "special pay at the rates specified in subsection (d)".

Subsec. (c). Pub. L. 107–314, §615(g)(2), inserted "on Eligibility for Special Pay" after "Limitation" in heading.

Subsec. (d). Pub. L. 107–314, §615(g)(3), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: "The rate of special pay paid to an officer under subsection (a) or (b) is as follows:

"(1) $3,000 per year, if the officer is undergoing pharmacy internship training or has less than 3 years of creditable service.

"(2) $7,000 per year, if the officer has at least 3 but less than 6 years of creditable service and is not undergoing pharmacy internship training.

"(3) $7,000 per year, if the officer has at least 6 but less than 8 years of creditable service.

"(4) $12,000 per year, if the officer has at least 8 but less than 12 years of creditable service.

"(5) $10,000 per year, if the officer has at least 12 but less than 14 years of creditable service.

"(6) $9,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

"(7) $8,000 per year, if the officer has 18 or more years of creditable service."

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

Application of Increase

In case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107–314, set out as a note under section 301d of this title.

1 See Change of Name note below.
37 U.S.C. § 302j (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 302j: Special pay: accession bonus for pharmacy officers
Special pay: accession bonus for pharmacy officers
Status: in_force

(a) Accession Bonus Authorized.—A person who is a graduate of an accredited pharmacy school and who, during the period beginning on October 30, 2000, and ending on December 31, 2018, executes a written agreement described in subsection (d) to accept a commission as an officer of a uniformed service and remain on active duty for a period of not less than 4 years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.

(b) Limitation on Amount of Bonus.—The amount of an accession bonus under subsection (a) may not exceed $30,000.

(c) Limitation on Eligibility for Bonus.—A person may not be paid a bonus under subsection (a) if—

(1) the person, in exchange for an agreement to accept an appointment as a warrant or commissioned officer, received financial assistance from the Department of Defense or the Department of Health and Human Services to pursue a course of study in pharmacy; or

(2) the Secretary concerned determines that the person is not qualified to become and remain licensed as a pharmacist.

(d) Agreement.—The agreement referred to in subsection (a) shall provide that, consistent with the needs of the uniformed service concerned, the person executing the agreement shall be assigned to duty, for the period of obligated service covered by the agreement, as a pharmacy officer in the Medical Service Corps of the Army or Navy, a biomedical sciences officer in the Air Force designated as a pharmacy officer, or a pharmacy officer of the Public Health Service.

(e) Repayment.—A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become and remain certified or licensed as a pharmacist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 106–398, §1 [[div. A], title VI, §628(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–154; amended Pub. L. 107–314, div. A, title X, §1062(c)(1), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–375, div. A, title VI, §612(g), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§622(g), 687(b)(12), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109–364, div. A, title VI, §612(g), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, §612(g), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, §612(g), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, §612(b)(6), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §612(b)(6), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §612(b)(6), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §612(b)(6), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §612(b)(6), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §612(b)(6), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §612(b)(6), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §612(b)(6), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, §612(b)(6), Dec. 12, 2017, 131 Stat. 1422.)

Editorial Notes

Amendments

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

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

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

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

2013—Subsec. (a). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (a). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

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

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

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

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

Pub. L. 109–163, §622(g), substituted "December 31, 2006" for "December 31, 2005".

Subsec. (e). Pub. L. 109–163, §687(b)(12), amended heading and text of subsec. (e) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to become and remain licensed as pharmacist or fails to complete total period of active duty.

2004—Subsec. (a). Pub. L. 108–375 substituted "October 30, 2000, and ending on December 31, 2005" for "the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 and ending on September 30, 2004".

2002—Subsec. (a). Pub. L. 107–314 substituted "subsection (d)" for "subsection (c)".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

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

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.
37 U.S.C. § 901 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 17: MISCELLANEOUS RIGHTS AND BENEFITS / Section 901: Wartime pay of officer of armed force exercising command higher than his grade
Wartime pay of officer of armed force exercising command higher than his grade
Status: in_force

In time of war, an officer of an armed force who is serving with troops operating against an enemy and who exercises, under assignment in orders issued by competent authority, a command above that pertaining to his grade, is entitled to the pay and allowances (not above that of pay grade O–7) appropriate to the command so exercised.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486.)

Historical and Revision Notes

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

901 
37:235a. 
Apr. 26, 1898, ch. 191, §7 (less last proviso), 30 Stat. 365.

Applicability of the source law to the Air Force is based on Transfer Order No. 25(zzz), of the Secretary of Defense, dated October 14, 1948. Its applicability, other than to the Army and the Air Force, is based upon an opinion of the Judge Advocate General of the Navy, JAG 135: DDC; dmt.; 4229, dated July 29, 1960. The words "(but not above that of pay grade O–7)" are substituted for section 235a (proviso) of existing title 37.
37 U.S.C. § 425 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 425: United States Navy Band; United States Marine Corps Band: allowances while on concert tour
United States Navy Band; United States Marine Corps Band: allowances while on concert tour
Status: in_force

While on concert tours approved by the President, the members of the United States Navy Band and the United States Marine Corps Band do not forfeit allowances.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 480.)

Historical and Revision Notes

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

425 
10:6224. 
[None.]

The words "do not forfeit" are substituted for the words "lose no" for clarity.

Executive Documents

Delegation of Functions

Functions of President under this section delegated to Secretary of Defense, see section 1(14) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President.
37 U.S.C. § 308j (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 308j: Special pay: affiliation bonus for officers in the Selected Reserve
Special pay: affiliation bonus for officers in the Selected Reserve
Status: in_force

(a) Affiliation Bonus.—(1) The Secretary concerned may pay an affiliation bonus under this section to an eligible officer in any of the armed forces who enters into an agreement with the Secretary to serve, for the period specified in the agreement, in the Selected Reserve of the Ready Reserve of an armed force under the Secretary's jurisdiction—

(A) in a critical officer skill designated under paragraph (3); or

(B) to meet a manpower shortage in—

(i) a unit of that Selected Reserve; or

(ii) a particular pay grade in that armed force.

(2) An officer is eligible for an affiliation bonus under this section if the officer—

(A) either—

(i) is serving on active duty for a period of more than 30 days; or

(ii) is a member of a reserve component not on active duty and, if the member formerly served on active duty, was released from active duty under honorable conditions; and

(B) is not entitled to receive retired or retainer pay.

(3)(A) The Secretary concerned shall designate for an armed force under the Secretary's jurisdiction the critical officer skills to which the bonus authority under this subsection is to be applied.

(B) A skill may be designated as a critical officer skill for an armed force under subparagraph (A) if, to meet requirements of that armed force, it is critical for that armed force to have a sufficient number of officers who are qualified in that skill.

(4) An affiliation bonus payable pursuant to an agreement under this section to an eligible officer accrues on the date on which the person is assigned to a unit or position in the Selected Reserve pursuant to such agreement.

(b) Accession Bonus.—(1) The Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary—

(A) to accept an appointment as an officer in the armed forces; and

(B) to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement.

(2)(A) The Secretary concerned shall designate for an armed force under the Secretary's jurisdiction the officer skills to which the authority under this subsection is to be applied.

(B) A skill may be designated for an armed force under subparagraph (A) if, to mitigate a current or projected significant shortage of personnel in that armed force who are qualified in that skill, it is critical to increase the number of persons accessed into that armed force who are qualified in that skill or are to be trained in that skill.

(3) An accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.

(c) Period of Obligated Service.—An agreement entered into with the Secretary concerned under this section shall require the person entering into that agreement to serve in the Selected Reserve for a specified period. The period specified in the agreement shall be any period not less than three years that the Secretary concerned determines appropriate to meet the needs of the reserve component in which the service is to be performed.

(d) Amount.—The amount of a bonus under this section may be any amount not in excess of $20,000 that the Secretary concerned determines appropriate.

(e) Payment.—(1) Upon acceptance of a written agreement by the Secretary concerned under this section, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify whether the bonus is to be paid in one lump sum or in installments.

(2) A person entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active duty, any amount of the bonus that becomes payable to the member during that period of active duty.

(f) Relation to Other Accession Bonus Authority.—A person may not receive an affiliation bonus or accession bonus under this section and financial assistance under chapter 1608, 1609, or 1611 of title 10, or under section 302g of this title, for the same period of service.

(g) Repayment.—A person who enters into an agreement under this section and receives all or part of the bonus under the agreement, but who does not accept a commission or an appointment as an officer or does not commence to participate or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 108–375, div. A, title VI, §619(a), Oct. 28, 2004, 118 Stat. 1950; amended Pub. L. 109–163, div. A, title VI, §634(a)–(c)(1), Jan. 6, 2006, 119 Stat. 3300; Pub. L. 109–364, div. A, title X, §1071(c)(4), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 112–239, div. A, title VI, §616, Jan. 2, 2013, 126 Stat. 1777.)

Editorial Notes

Amendments

2013—Subsec. (d). Pub. L. 112–239 substituted "$20,000" for "$10,000".

2006—Pub. L. 109–163, §634(c)(1), substituted "Special pay: affiliation bonus for officers in the Selected Reserve" for "Special pay: bonus for certain initial service of officers in the Selected Reserve".

Subsec. (a)(2)(B), (C). Pub. L. 109–163, §634(a), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "has not previously served in the Selected Reserve of the Ready Reserve; and".

Subsec. (d). Pub. L. 109–163, §634(b), substituted "$10,000" for "$6,000".

Subsec. (g). Pub. L. 109–364 added subsec. (g) and struck out former subsec. (g) which related to requirement to repay bonus upon failure to commence or complete obligated service, inclusion of repayment requirements in each agreement, and characterization of obligation to repay as a debt owed to the United States.
37 U.S.C. § 1003 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 19: ADMINISTRATION / Section 1003: Assimilation of pay and allowances
Assimilation of pay and allowances
Status: in_force

Chapters 3 and 5 and sections 402 through 403b, 405, 414, 452, and 453 of this title apply equally to persons who are not serving as members of a uniformed service but whose pay or allowances, or both, are assimilated under law or a regulation prescribed under law, to the pay or allowances, or both, of commissioned officers, warrant officers, or enlisted members of any grade, rank, or rating in any uniformed service.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, §626(h)(8), Dec. 23, 2022, 136 Stat. 2630.)

Historical and Revision Notes

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

1003 
37:309. 
Oct. 12, 1949, ch. 681, §509; restated May 19, 1952, ch. 310, §3, 66 Stat. 80.

Editorial Notes

Amendments

2022—Pub. L. 117–263 substituted "sections 402 through 403b, 405, 414, 452, and 453" for "sections 402–403b, 474–477, 479–481, and 414".

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

2011—Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "402–403b, 474–477" for "402–407" and "479–481" for "409–411".

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
37 U.S.C. § 433 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 433: Allowance for muster duty
Allowance for muster duty
Status: in_force

(a) Under uniform regulations prescribed by the Secretaries concerned, a member of the Ready Reserve who is not a member of the National Guard or of the Selected Reserve is entitled to an allowance for muster duty performed pursuant to section 12319 of title 10 if the member is engaged in that duty for at least two hours.

(b) The amount of the allowance under this section shall be 125 percent of the amount of the average per diem rate for the United States (other than Alaska and Hawaii) under section 452 of this title as in effect on September 30 of the year preceding the year in which the muster duty is performed.

(c) The allowance authorized by this section may not be disbursed in kind. The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date. The allowance shall constitute the single, flat-rate monetary allowance authorized for the performance of muster duty and shall constitute payment in full to the member, regardless of grade or rank in which serving, as commutation for travel to the immediate vicinity of the designated muster duty location, transportation, subsistence, and the special or extraordinary costs of enforced absence from home and civilian pursuits, including such absence on weekends and holidays.

(d) A member who performs muster duty is not entitled to compensation for inactive-duty training under section 206(a) of this title for the same period.

(Added Pub. L. 101–189, div. A, title V, §502(b)(1), Nov. 29, 1989, 103 Stat. 1436; amended Pub. L. 101–510, div. A, title XIV, §1484(h)(5), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 104–106, div. A, title XV, §1501(d)(4)(B), Feb. 10, 1996, 110 Stat. 501; Pub. L. 105–85, div. A, title VI, §627, Nov. 18, 1997, 111 Stat. 1795; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, §626(h)(5), Dec. 23, 2022, 136 Stat. 2629.)

Editorial Notes

Amendments

2022—Subsec. (b). Pub. L. 117–263 substituted "section 452" for "section 474(d)(2)(A)".

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

2011—Subsec. (b). Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "474" for "404".

1997—Subsec. (c). Pub. L. 105–85 struck out "and shall be paid to the member on or before the date on which the muster duty is performed" after "disbursed in kind" in first sentence and inserted "The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date." after first sentence.

1996—Subsec. (a). Pub. L. 104–106 substituted "section 12319 of title 10" for "section 687 of title 10".

1990—Subsec. (a). Pub. L. 101–510 substituted "section 687 of title 10" for "section 691 of title 10".

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

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

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.

Effective Date of 1990 Amendment

Pub. L. 101–510, div. A, title XIV, §1484(h)(5), Nov. 5, 1990, 104 Stat. 1718, provided that the amendment made by that section is effective as of Nov. 29, 1989.
37 U.S.C. § 464 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 8: TRAVEL AND TRANSPORTATION ALLOWANCES / Subchapter II: ADMINISTRATIVE PROVISIONS / Section 464: Regulations
Regulations
Status: in_force

This subchapter and subchapter I shall be administered under terms, rates, conditions, and regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries for members of the uniformed services. Such regulations shall be uniform for the Department of Defense and shall apply as uniformly as practicable to the uniformed services under the jurisdiction of the other administering Secretaries.

(Added Pub. L. 112–81, div. A, title VI, §631(b), Dec. 31, 2011, 125 Stat. 1460.)

Statutory Notes and Related Subsidiaries

Travel and Transportation Allowances: Prohibition of Requirement of Zero-Emission Vehicle

Pub. L. 118–159, div. A, title VI, §626, Dec. 23, 2024, 138 Stat. 1935, provided that:

"(a) In General.—The Joint Travel Regulations for the Uniformed Services may not require that travel or transportation be in a zero-emission vehicle in order to be eligible a travel or transportation allowance.

"(b) Rule of Construction.—This section shall not be construed to prohibit the payment of such an allowance in the case of a member of the uniformed services who uses a zero-emission vehicle for travel or transportation that—

"(1) the member owns; or

"(2) is provided to such member by a rental company."
37 U.S.C. § 408a (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 408a: Renumbered §478a
Renumbered §478a
Status: renumbered

[§408a. Renumbered §478a]
37 U.S.C. § 406 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 406: Renumbered §476
Renumbered §476
Status: renumbered

[§406. Renumbered §476]
37 U.S.C. § 704 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 13: ALLOTMENTS AND ASSIGNMENTS OF PAY / Section 704: Allotments: officers of Public Health Service
Allotments: officers of Public Health Service
Status: in_force

Commissioned officers of the Public Health Service who are on active duty may, under regulations prescribed by the President, make allotments from their pay.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485.)

Historical and Revision Notes

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

704 
42:210(b) (1st sentence). 
July 1, 1944, ch. 373, §209(c) (1st sentence), 58 Stat. 686; redesignated as section 208, Feb. 28, 1948, ch. 83, §5(a), 62 Stat. 40; redesignated as subsection (b), Oct. 12, 1949, ch. 681, §521(b) (as applicable to section 208(b) (1st sentence) of the Act of July 1, 1944), 63 Stat. 834; restated Aug. 9, 1950, ch. 654, §1, 64 Stat. 426; Apr. 8, 1960, Pub. L. 86–415, §5(b) (1st sentence), 74 Stat. 34.

Executive Documents

Delegation of Functions

Functions of President under this section delegated to Secretary of Health, Education, and Welfare, see section 3 of Ex. Ord. No. 11140, Jan. 30, 1964 29 F.R. 1637, set out as a note under section 202 of Title 42, The Public Health and Welfare. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education.
37 U.S.C. § 404a (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 7: ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES / Section 404a: Renumbered §474a
Renumbered §474a
Status: renumbered

[§404a. Renumbered §474a]
37 U.S.C. § 1002 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 19: ADMINISTRATION / Section 1002: Additional training or duty without pay: Reserves and members of National Guard
Additional training or duty without pay: Reserves and members of National Guard
Status: in_force

(a) A member of the National Guard, or of a reserve component of a uniformed service, may, with his consent, be given additional training or other duty as provided by law, without pay, as may be authorized by the Secretary concerned.

(b)(1) A member who performs training or other duty without pay under subsection (a) may, in the discretion of the Secretary concerned, be authorized the travel and transportation allowances prescribed by section 452 of this title for travel performed to and from that training or duty, and, during the performance of that training or duty, be furnished with subsistence and quarters in kind or commutation thereof at a rate to be fixed by the Secretary concerned.

(2) If a military technician (dual status), as described in section 10216 of title 10, is performing active duty without pay while on leave from technician employment, as authorized by section 6323(d) of title 5, the Secretary concerned may authorize the payment of a per diem allowance to the military technician in lieu of commutation for subsistence and quarters under paragraph (1).

(c) This section does not authorize compensation for work or study performed by a member of a reserve component in connection with correspondence courses of an armed force.

(d) This section does not apply to a member who is entitled to basic pay under chapter 3 of this title.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106–65, div. A, title VI, §672(a), Oct. 5, 1999, 113 Stat. 674; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, §626(h)(7), Dec. 23, 2022, 136 Stat. 2630.)

Historical and Revision Notes

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

1002(a)

 
1002(b)

 
1002(c)

 
1002(d) 

37:301(b) (1st sentence, less last 75 words).
37:301(b) (last 75 words of 1st sentence).

37:301(b) (less 1st sentence).

37:301(e) (as applicable to duty without pay). 

Oct. 12, 1949, ch. 681, §501(b), (e) (as applicable to duty without pay), 63 Stat. 826, 827; Aug. 10, 1956, ch. 1041, §20(f), 70A Stat. 629; June 30, 1960, Pub. L. 86–559, §8, 74 Stat. 282; Aug. 25, 1961, Pub. L. 87–164, 75 Stat. 401.

In subsection (a), the words "A member of the National Guard, or of a reserve component" are substituted for the enumeration of those reserve categories to conform to other sections of this revised title.

In subsection (b), the words "section 404(a)–(d), and (f), of this title" are substituted for the words "section 253(a) of this title" to reflect the section of this revised title which restates that section.

Subsection (d) is substituted for section 301(e) of existing title 37.

Editorial Notes

Amendments

2022—Subsec. (b)(1). Pub. L. 117–263 substituted "section 452" for "section 474(a)–(d), and (f),".

2013—Subsec. (b)(1). Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(A). See 2011 Amendment note below.

2011—Subsec. (b)(1). Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "474" for "404".

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

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

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, §672(c), Oct. 5, 1999, 113 Stat. 674, provided that: "The amendment made by subsection (a) [amending this section] shall be effective as of February 10, 1996, as if included in section 1039 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 432 [amending section 6323 of Title 5, Government Organization and Employees])."
37 U.S.C. § 903 (2024) — Title 37: PAY AND ALLOWANCES OF THE UNIFORMED SERVICES / Chapter 17: MISCELLANEOUS RIGHTS AND BENEFITS / Section 903: Retired members recalled to active duty; former members
Retired members recalled to active duty; former members
Status: in_force

A retired member or former member of a uniformed service, or a member of the Fleet Reserve or Fleet Marine Corps Reserve, who is serving on active duty is entitled to the pay and allowances to which he is entitled, under this title, for the grade, rank, or rating in which he is serving. In addition, while on active duty, he is entitled to the pay and allowances, while on leave of absence or while sick, of a member of a uniformed service of similar grade, rank, or rating who is entitled to basic pay.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 487.)

Historical and Revision Notes

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

903 
37:314. 
Oct. 12, 1949, ch. 681, §514, 63 Stat. 831.

The word "rating" is inserted for clarity. The words "is entitled to" are substituted for the words "shall . . . be entitled to receive and have the same . . . rights". The last 41 words of section 314 of existing title 37 are omitted, since the sections mentioned therein were repealed by section 53(b) of the Act of August 10, 1956, ch. 1041 (70A Stat. 646). The subject of death benefits and entitlement thereto is now covered by chapter 75 of title 10.
37 U.S.C. § 329 (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 329: Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments
Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments
Status: in_force

(a) Incentive Bonus Authorized.—The Secretary of Defense may pay a bonus under this section to a retired member or former member of the Army, Navy, Air Force, or Marine Corps or to a member of a reserve component of the Army, Navy, Air Force, or Marine Corps (who is not otherwise serving on active duty) who executes a written agreement to serve on active duty for a period specified in the agreement in an assignment intended to alleviate the need for members in a high-demand, low-density military capability or in any other specialty designated by the Secretary as critical to meet wartime or peacetime requirements.

(b) Maximum Amount of Bonus.—A bonus under subsection (a) and any incentive developed under subsection (d) may not exceed $50,000.

(c) Methods of Payment.—At the election of the Secretary of Defense, a bonus under subsection (a) and any incentive developed under subsection (d) shall be paid or provided—

(1) when the member commences service on active duty; or

(2) in annual installments in such amounts as may be determined by the Secretary.

(d) Development of Additional Incentives.—(1) The Secretary of Defense may develop and provide to members referred to in subsection (a) additional incentives to encourage such members to return to active duty in assignments intended to alleviate the need for members in a high-demand, low-density military capability or in other specialties designated by the Secretary as critical to meet wartime or peacetime requirements.

(2) The provision of any incentive developed under this subsection shall be subject to an agreement, as required for bonuses under subsection (a).

(3) Not later than 30 days before first offering any incentive developed under this subsection, the Secretary shall submit to the congressional defense committees a report that contains a description of that incentive and an explanation why a bonus under subsection (a) or other pay and allowances are not sufficient to alleviate the high-demand, low-density military capability or otherwise fill critical military specialties.

(4) In this subsection, the term "congressional defense committees" has the meaning given that term in section 101(a)(16) of title 10.

(e) Relationship to Other Pay and Allowances.—A bonus or other incentive paid or provided to a member under this section is in addition to any other pay and allowances to which the member is entitled.

(f) Prohibition on Promotions.—The written agreement required by subsections (a) and (d) shall specify that a member who is paid or receives a bonus or other incentive under this section is not eligible for promotion while serving in the assignment for which the bonus or other incentive is provided.

(g) Repayment.—A member who does not complete the period of active duty specified in the agreement executed under subsection (a) or (d) shall be subject to the repayment provisions of section 303a(e) of this title.

(h) High-Demand, Low-Density Military Capability.—In this section, the term "high-demand, low-density military capability" means a combat, combat support or service support capability, unit, system, or occupational specialty that the Secretary of Defense determines has funding, equipment, or personnel levels that are substantially below the levels required to fully meet or sustain actual or expected operational requirements set by regional commanders.

(i) Regulations.—The Secretary of Defense may prescribe such regulations as the Secretary considers necessary to carry out this section.

(j) Termination of Authority.—No agreement under subsection (a) or (d) may be entered into after December 31, 2010.

(Added Pub. L. 109–364, div. A, title VI, §621(a), Oct. 17, 2006, 120 Stat. 2253.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 109–364, div. A, title VI, §621(e), Oct. 17, 2006, 120 Stat. 2255, provided that: "No agreement may be entered into under section 329 of title 37, United States Code, as added by subsection (a), before October 1, 2006."
37 U.S.C. § 302k (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 302k: Special pay: accession bonus for medical officers in critically short wartime specialties
Special pay: accession bonus for medical officers in critically short wartime specialties
Status: in_force

(a) Accession Bonus Authorized.—A person who is a graduate of an accredited school of medicine or osteopathy in a specialty designated by regulations as a critically short wartime specialty and who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in the amount determined by the Secretary concerned.

(b) Amount of Bonus.—The amount of an accession bonus under subsection (a) may not exceed $400,000.

(c) Limitation on Eligibility for Bonus.—A person may not be paid a bonus under subsection (a) if—

(1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in medicine or osteopathy; or

(2) the Secretary concerned determines that the person is not qualified to become and remain certified as a doctor or osteopath in a specialty designated by regulations as a critically short wartime specialty.

(d) Agreement.—The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed force concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Medical Corps of the Army or the Navy or as an officer of the Air Force designated as a medical officer in a specialty designated by regulations as a critically short wartime specialty.

(e) Repayment.—A person who, after executing an agreement under subsection (a) is not commissioned as an officer of the armed forces, does not become licensed as a doctor or osteopath, as the case may be, or does not complete the period of active duty in a specialty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.

(f) Termination of Authority.—No agreement under this section may be entered into after December 31, 2018.

(Added Pub. L. 109–364, div. A, title VI, §617(b), Oct. 17, 2006, 120 Stat. 2249; amended Pub. L. 110–181, div. A, title VI, §612(h), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, §612(h), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, §612(b)(7), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §612(b)(7), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, §612(b)(7), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §612(b)(7), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §612(b)(7), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §612(b)(7), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §612(b)(7), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §612(b)(7), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, §612(b)(7), Dec. 12, 2017, 131 Stat. 1422.)

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

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 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.