Title 37 USCTitle 37 Online@118-34not31 yes OLRC 2023-12-19T11:29:12 USCConverter 1.7.2  Title 37 PAY AND ALLOWANCES OF THE UNIFORMED SERVICES This title was enacted by Pub. L. 87649,  1 Sept. 7, 1962 76 Stat. 451 Current through 118-34not31    Chap. Sec.  1. Definitions 101  3. Basic Pay 201  5. Special and Incentive Pays 301  7. Allowances Other Than Travel and Transportation Allowances 401  8. Travel and Transportation Allowances 451  9. Leave 501  10. Payments to Missing Persons 551  11. Payments to Mentally Incompetent Persons 601  13. Allotments and Assignments of Pay 701  15. Prohibitions and Penalties 801  17. Miscellaneous Rights and Benefits 901  19. Administration 1001  Editorial Notes Amendments 2013 Pub. L. 112239, div. A, title X,  1076(a)(7) Jan. 2, 2013 126 Stat. 1948 Pub. L. 11281,  631(f)(2) 2011 Pub. L. 11281, div. A, title VI,  631(f)(2) Dec. 31, 2011 125 Stat. 1464 Pub. L. 112239, div. A, title X,  1076(a)(7) Jan. 2, 2013 126 Stat. 1948 1966 Pub. L. 89554,  5(a) Sept. 6, 1966 80 Stat. 625       Table Showing Disposition of All Sections of Former Title  Title 37 Former Sections Title 37 New Sections  13 Rep. 3a Elim. 44b Rep. 4c T. 10  3682, 8682 4c1 T. 10  6116 58a Rep. 9, 9a Rep. 10, 10a Rep. 1113a Rep. 14, 14a Rep. 1516a Rep. 17, 17a Rep. 18, 18a Rep. 19, 19a Rep. 20, 20a Rep. 21, 21a Rep. 2226a Rep. 2729b Rep. 30, 31 Rep. 31a (less proviso of (b)) T. 10  701704 31a(b) (proviso) 501 32(b), (d), (e), (g), (h) 501 32(c) Rep. 32(f) 101, 502; T. 10  702704 32 (less (b)(e), (g), (h)) 101 33(a) Rep. 33(b) 502, 503 33(c), (d) 501 33(e) T. 10  704 33a37 Rep. 38 504; T. 10  702 39 501503. Rep. in part. See T. 33  857a 101101b Rep. 102103b Rep. 104111 Rep. 111a 403 111b Elim. 112 Rep. 112a Elim. 112b Rep. 112c T. 10  7477 112d112i Rep. 113, 114 Rep. 115 Elim. 115a to 117a1 Rep. 117b, 118 Rep. 118a Elim. 118a-1 301 118b120 Rep. 201208a Rep. 209221 Rep. 231(g) 401, 420 231 (less (g)) 101 232(a) 203 232(c) (last sent.) T. 10  517 232(d) 204 232 (less (a), last sent. of (c), (d)) 201 233 (less proviso of (d)) 205 233(d) (proviso) Elim. 234 302, 303 234a Rep. 234b Elim. 235 301 235a 901 236 304 237 305 238 Elim. 239 308 240 307 241 306 242 Rep. 243 902 244 Rep. 251, 251a 402 252(a)(f) 403 252 (less (a)(f)) Rep. See T. 50 App.  22012204 253(a) 404 253(b) 405 253(c) 406, 407, 409, 411 253(d) 404 253(e) 410 253(f)(h) 411 253a Rep. 254 414 255 415417 256 415 256a 419 257 414 271 T. 10  1204, 1362; T. 33  857a; T. 42  213a 272(a), (b) T. 10  12011203; T. 33  857a; T. 42  213a 272(c) T. 10  12041206; T. 33  857a; T. 42  213a 272(d) T. 10  1210, 1372, 1373, 1401, 1402; T. 33  857a; T. 42  213a 272(e) T. 10  1210, 1401; T. 33  857a; T. 42  213a 272(f) T. 10  1201, 1204, 1210; T. 33  857a; T. 42  213a 272(g) T. 10  1209; T. 33  857a; T. 42  213a 272(h) T. 10  1403; T. 33  857a; T. 42  213a 272(i) T. 10  1215; T. 33   857a; T. 42  213a 273 T. 10  1212; T. 33  857a; T. 42  213a 274 T. 10  1210; T. 33  857a; T. 42  213a 275277 T. 10  1211; T. 33  857a; T. 42  213a 278 T. 10  1207; T. 33  857a; T. 42  213a 279 T. 10  1372, 1373; T. 33  857a; T. 42  213a 280 T. 10  1213; T. 33  857a; T. 42  213a 281 Rep. 282 T. 10  1208. Rep. in part. See T. 10  1208 nt.; T. 42  212(g) 283 T. 10  1214, 1216; T. 33  857a; T. 42  213a 284 T. 10  1216; T. 33  857a; T. 42  213a 285 Rep. 301(a) 206, 402 301(b) 206, 1002 301(c) 309 301(d) 301 301(e) 206, 301, 309, 402, 1002 301(f) Rep. 302 T. 33  853 o 303 423 304 201, 421 305 418 306 T. 10  6153; T. 14  510 307 Elim. 308 201, 422 308a 204 309 1003 310 1004 310a Rep. 310b 1005 310c, 310c1 1006 310d 1006 311 Elim. See T. 10  568 nt. 312 Rep. 313 Elim. 314 903 315 Rep. 316 T. 10  1402; T. 33  857a; T. 42  213a 317 Elim. 318, 319 Rep. 320 403 321 Rep. 321a Elim. 322, 322a Rep. 323 801 324 1001 351 601 352 602 353 602, 603 354 604 361363 T. 10  2771; T. 32  714; T. 33  857a; T. 42  213a 364, 365 T. 10  2771; T. 32  714; T. 33  857a; T. 42  213a. Rep. in part. See T. 10  2771 nt. 371(e), (f) T. 10  1435; T. 33  857a; T. 42  213a 371 (less (e), (f)) T. 10  1431; T. 33  857a; T. 42  213a 372(a) T. 10  1431, 1432; T. 33  857a; T. 42  213a 372(b) T. 10  1431; T. 33  857a; T. 42  213a 372 (less (a), (b)) T. 10  1433; T. 33  857a; T. 42  213a 372a372c Rep. 373(c) T. 10  1436; T. 33  857a; T. 42  213a 373(d) T. 10  1439; T. 33  857a; T. 42  213a 373 (less (c), (d)) T. 10  1434; T. 33  857a; T. 42  213a 374 T. 10  1438; T. 33  857a; T. 42  213a 375 T. 10  1444; T. 33  857a; T. 42  213a 376 T. 10  1442; T. 33  857a; T. 42  213a 377 T. 10  1443, 1444; T. 33  857a; T. 42  213a 378 T. 10  1440; T. 33  857a; T. 42  213a 379 T. 10  1437; T. 33  857a; T. 42  213a 380 T. 10  1441; T. 33  857a; T. 42  213a 381 Rep. 401 T. 10  1071 402(a) T. 10  1072, 1074, 1076, 1079 402 (less (a)) T. 10  1073 403(a), (b) T. 10  1076 403(c)(e) T. 10  1078 403 (less (a)(e)) T. 10  1077 404 T. 10  1084 405 Rep. 411(c) T. 10  1080 411 (less (c)) T. 10  1079 412 T. 10  1081 413 T. 10  1082 414 T. 10  1079 421(c) T. 10  1076 421(d) T. 10  1085 421 (less (c), (d)) T. 10  1074 422 T. 10  1075 423 T. 10  1083 Statutory Notes and Related Subsidiaries Enacting Clause Pub. L. 87649,  1 Sept. 7, 1962 76 Stat. 451 That the laws relating to pay and allowances of the uniformed services of the United States are revised, codified, and enacted as title 37 of the United States Code, entitled Pay and Allowances of the Uniformed Services. Effective Date Pub. L. 87649,  15 Sept. 7, 1962 76 Stat. 502 This Act shall take effect on November 1, 1962 Inconsistent Provisions Pub. L. 87649,  15 Sept. 7, 1962 76 Stat. 502 Laws enacted after January 9, 1962 Savings and Severability Provisions Pub. L. 87649,  12 Sept. 7, 1962 76 Stat. 497  (a) In sections 111 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act [ Nov. 1, 1962 January 9, 1962 (b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 111 of this Act. (c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of sections 111 of this Act. (d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. (e) The enactment of this Act does not increase or decrease the pay or allowances, including retired or retainer pay, of any person. Restatement of Suspended or Temporarily Superseded Provisions Pub. L. 87649,  13 Sept. 7, 1962 76 Stat. 498 If on the effective date of this Act [ Nov. 1, 1962 Repeals Pub. L. 87649,  14 Sept. 7, 1962 76 Stat. 498 Nov. 1, 1962 CHAPTER 1 DEFINITIONS    Sec.  101. Definitions.  Editorial Notes Amendments 1990 Pub. L. 101510, div. A, title XIV,  1484(f)(1) Nov. 5, 1990 104 Stat. 1717  101. Definitions In addition to the definitions in sections 15 of title 1, the following definitions apply in this title: (1) (A) The term United States, in a geographic sense, means the States and the District of Columbia. (B) The term continental United States means the 48 contiguous States and the District of Columbia. (2) The term possessions includes Guam, American Samoa, and the guano islands. (3) The term uniformed services means the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service. (4) The term armed forces means the Army, Navy, Air Force, Marine Corps, Space Force,and Coast Guard. (5) The term Secretary concerned means (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; (D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy; (E) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and (F) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service. (6) The term National Guard means the Army National Guard and the Air National Guard. (7) The term Army National Guard means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that (A) is a land force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (8) The term Army National Guard of the United States means the reserve component of the Army all of whose members are members of the Army National Guard. (9) The term Air National Guard means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that (A) is an air force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (10) The term Air National Guard of the United States means the reserve component of the Air Force all of whose members are members of the Air National Guard. (11) The term officer means commissioned or warrant officer. (12) The term commissioned officer includes a commissioned warrant officer. (13) The term warrant officer means a person who holds a commission or warrant in a warrant officer grade. (14) The term enlisted member means a person in an enlisted grade. (15) The term grade means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation. (16) The term rank means the order of precedence among members of the uniformed services. (17) The term rating means the name (such as boatswains mate) prescribed for members of a uniformed service in an occupational field; rate means the name (such as chief boatswains mate) prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice). (18) The term active duty means full-time duty in the active service of a uniformed service, and includes full-time training duty, annual training duty, full-time National Guard duty, and attendance, while in the active service, at a school designated as a service school by law or by the Secretary concerned. (19) The term active duty for a period of more than 30 days means active duty under a call or order that does not specify a period of 30 days or less. (20) The term active service means service on active duty. (21) The term pay includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances. (22) The term inactive-duty training means (A) duty prescribed for members of a reserve component by the Secretary concerned under section 206 of this title (B) special additional duties authorized for members of a reserve component by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned; and includes those duties when performed by members of a reserve component in their status as members of the National Guard, but (except as provided in section 206(d)(2) of this title (23) The term member means a person appointed or enlisted in, or conscripted into, a uniformed service. (24) The term reserve component means (A) the Army National Guard of the United States; (B) the Army Reserve; (C) the Navy Reserve; (D) the Marine Corps Reserve; (E) the Air National Guard of the United States; (F) the Air Force Reserve; (G) the Coast Guard Reserve; or (H) the Reserve Corps 1 1 (25) The term regular compensation or regular military compensation (RMC) means the total of the following elements that a member of a uniformed service accrues or receives, directly or indirectly, in cash or in kind every payday: basic pay, basic allowance for housing, basic allowance for subsistence; and Federal tax advantage accruing to the aforementioned allowances because they are not subject to Federal income tax. (26) The term contingency operation has the meaning given that term in section 101 of title 10 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 451 Pub. L. 89718,  49(a)(1) Nov. 2, 1966 80 Stat. 1121 Pub. L. 90623,  3(1) Oct. 22, 1968 82 Stat. 1314 Pub. L. 92492,  3 Oct. 13, 1972 86 Stat. 810 Pub. L. 93419,  1 Sept. 19, 1974 88 Stat. 1152 Pub. L. 96513, title V Dec. 12, 1980 94 Stat. 2918 Pub. L. 96579,  11 Dec. 23, 1980 94 Stat. 3368 Pub. L. 96600,  3(b) Dec. 24, 1980 94 Stat. 3494 Pub. L. 98525, title IV,  414(c) Oct. 19, 1984 98 Stat. 2520 Pub. L. 10026,  8(e)(1) Apr. 21, 1987 101 Stat. 286 Pub. L. 100456, div. A, title XII,  1233(f)(2) Sept. 29, 1988 102 Stat. 2058 Pub. L. 102190, div. A, title VI,  631(b) Dec. 5, 1991 105 Stat. 1380 Pub. L. 102484, div. A, title X,  1051(b)(2) Oct. 23, 1992 106 Stat. 2498 Pub. L. 103160, div. A, title XI,  1182(c)(1) Nov. 30, 1993 107 Stat. 1772 Pub. L. 10585, div. A, title VI,  603(d)(1)(A) Nov. 18, 1997 111 Stat. 1782 Pub. L. 105261, div. A, title VI,  651 Oct. 17, 1998 112 Stat. 2051 Pub. L. 107107, div. A, title VI,  603(b) Dec. 28, 2001 115 Stat. 1133 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI,  654(a) Dec. 2, 2002 116 Stat. 2581 Pub. L. 109163, div. A, title V,  515(d)(1)(A) Jan. 6, 2006 119 Stat. 3235 Pub. L. 116283, div. A, title IX,  925(a) Jan. 1, 2021 134 Stat. 3826        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  101(1) 101(2) 101(3) 101(4) [No source.] [No source.] 37:231(a), (j). 37:32(a). 37:231(k). Aug. 9, 1946, ch. 931,  2 60 Stat. 963 101(5) 37:32(f) (less last 8 words). 37:231(f). Oct. 12, 1949, ch. 681,  102 63 Stat. 804 101(6) [No source.] 101(7) [No source.] 101(8) [No source.] 101(9) [No source.] 101(10) [No source.] 101(11) 37:231(c). 101(12) 37:231(d). 101(13) 37:231(e), (h). 101(14) [No source.] 101(15) [No source.] 101(16) [No source.] 101(17) [No source.] 101(18) [No source.] 101(19) [No source.] 101(20) [No source.] 101(21) [No source.] 101(22) 37:231(i). 101(23) 37:231(b). 101(24) [No source.] The definitions in clauses (1) and (2), (6)(10), (14)(21), and (24) reflect the adoption of terminology which, though undefined in the source statutes restated in this revised title, represent the closest practicable approximation of the ways in which the terms defined have been most commonly used, and so far as possible are identical to those used in title 10, United States Code, containing most of the basic law relating to the armed forces. In clause (3), the words and all Regular and Reserve components thereof, in section 231(a) of existing title 37, are omitted as surplusage. Section 231(j) of existing title 37 is omitted as covered by section 1 of title 1 In clause (4), that part of section 32(a) of existing title 37 relating other than to the enumeration of the armed forces is omitted as unnecessary. Section 231(k) of existing title 37 is omitted, since throughout the revised title references to members of the Army or Air Force without specification of component are specifically included when necessary. In clause (11), the words flight officer are omitted as obsolete. Section 231(c) (last sentence) of existing title 37 is omitted as unnecessary. In clause (12), the definition of commissioned officer is broadened and restated to conform to the definition in section 101(15) of title 10 Clause (13), which is identical to section 101(16) of title 10 Clause (22) is substituted for section 231(i) of existing title 37. In clause (23), section 231(b) (less 1st sentence) of existing title 37 is omitted as executed by the express coverage of members of the Fleet Reserve and Fleet Marine Corps Reserve. Editorial Notes  References in Text For definition of Canal Zone, referred to in pars. (7) and (9), see section 3602(b) of Title 22 Amendments 2021Pars. (3), (4). Pub. L. 116283,  925(a)(1) Par. (5)(C). Pub. L. 116283,  925(a)(2) 2006Par. (24)(C). Pub. L. 109163 2002Par. (1). Pub. L. 107314 Par. (5)(D). Pub. L. 107296 2001Par. (22). Pub. L. 107107 section 206(d)(2) of this title 1998Par. (2). Pub. L. 105261 1997Par. (25). Pub. L. 10585 1993Par. (26). Pub. L. 103160 Pub. L. 102484 1992Par. (26). Pub. L. 102484 Pub. L. 103160 section 101 of title 10 section 101(47) of title 10 1991Par. (26). Pub. L. 102190 1988Par. (5). Pub. L. 100456 1987 Pub. L. 10026,  8(e)(1)(A) Pub. L. 10026,  8(e)(1)(B) Pub. L. 10026,  8(e)(1)(C) Pub. L. 10026,  8(e)(1)(D) 1984Cl. (18). Pub. L. 98525 1980Cls. (3), (5)(E). Pub. L. 96513,  516(1)(A) Cl. (5)(F). Pub. L. 96513,  516(1)(B) Cls. (7), (9). Pub. L. 96600 Cl. (18). Pub. L. 96513,  506(1) Cl. (25). Pub. L. 96579 1974Cl. (25). Pub. L. 93419 1972Cls. (7), (9). Pub. L. 92492 1968Cl. (5)(D). Pub. L. 90623 1966Cls. (3), (5)(E). Pub. L. 89718 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 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1997 Amendment Amendment by Pub. L. 10585 Jan. 1, 1998 section 603(e) of Pub. L. 10585 section 5561 of Title 5 Effective Date of 1980 Amendment Amendment by sections 506(1), 516(1) of Pub. L. 96513 Sept. 15, 1981 Dec. 12, 1980 Pub. L. 96513 section 101 of Title 10 Effective Date of 1974 Amendment Amendment by Pub. L. 93419 Sept. 19, 1974 section 9 of Pub. L. 93419 section 1009 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90623 Oct. 22, 1968 section 6 of Pub. L. 90623 section 5334 of Title 5 Short Title of 1981 Amendment Pub. L. 9760,  1 Oct. 14, 1981 95 Stat. 989 That this Act [enacting sections 308f, 315, 404a, 411c, 411d, and 411e of this title and sections 4341a and 9341a of Title 10, Armed Forces, amending sections 203, 301, 301a, 301b, 301c, 304, 305a, 308, 308a, 312b, 404, 405a, 406, 407, 411, 411b, 415, and 1006 of this title, sections 2107, 2634, 4342, 5031, 5153, 6011, 6953, 6954, 6956, 7572, and 9342 of Title 10, and section 3809 of Title 50 section 7572 of Title 10 Short Title of 1980 Amendments Pub. L. 96579,  1 Dec. 23, 1980 94 Stat. 3359 This Act [enacting sections 301c and 314 of this title and section 705 of Title 10 Pub. L. 95521, title III Oct. 26, 1978 92 Stat. 1861 Pub. L. 96343,  1 Sept. 8, 1980 94 Stat. 1123 This Act [enacting section 5142a of Title 10 Pub. L. 96284,  1 June 28, 1980 94 Stat. 587 This Act [enacting sections 302c and 303a of this title, amending sections 302 to 302b, 303, 306, 311, and 313 of this title, and enacting and repealing provisions set out as notes under section 302 of this title Short Title of 1976 Amendment Pub. L. 94356,  1 July 12, 1976 90 Stat. 901 That this Act [enacting sections 312b and 312c of this title, amending section 312 of this title Short Title of 1974 Amendments Pub. L. 93294,  1 May 31, 1974 88 Stat. 177 That this Act [amending section 301 of this title section 301a of this title section 301a of this title Pub. L. 93277,  1 May 10, 1974 88 Stat. 119 That this Act [amending sections 308 and 308a of this title and enacting provisions set out as notes under section 308 of this title Short Title of 1963 Amendment Pub. L. 88132,  1 Oct. 2, 1963 77 Stat. 210 That this Act [enacting sections 310 and 427 of this title and section 1401a of Title 10 section 423 of Title 14 section 857a of Title 33 section 213a of Title 42 section 6149 of Title 10 section 1402 of Title 10  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 section 542 of Title 6 CHAPTER 3 BASIC PAY    Sec.  201. Pay grades: assignment to; general rules.  202. Pay grades: retired Coast Guard rear admirals (lower half).  203. Rates.  204. Entitlement.  205. Computation: service creditable.  206. Reserves; members of National Guard: inactive-duty training.  207. Band leaders.  [ 208. Repealed.]  209. Members of precommissioning programs.  210. Pay of senior enlisted members during terminal leave and while hospitalized.  211. Participation in Thrift Savings Plan.  212. Advancement of basic pay: members deployed in combat zone for more than one year.  Editorial Notes Amendments 2004 Pub. L. 108375, div. A, title VI,  606(b) Oct. 28, 2004 118 Stat. 1946 1999 Pub. L. 10665, div. A, title VI,  661(a)(1)(B) Oct. 5, 1999 113 Stat. 670 1996 Pub. L. 104201, div. A, title VI,  603(b)(2) Sept. 23, 1996 110 Stat. 2540 1991 Pub. L. 102190, div. A, title VI,  606(b) Dec. 5, 1991 105 Stat. 1375 1990 Pub. L. 101510, div. A, title XIV,  1484(f)(1) Nov. 5, 1990 104 Stat. 1717 1985 Pub. L. 99145, title V,  514(d)(2)(C) Nov. 8, 1985 99 Stat. 629 1984 Pub. L. 98557,  25(b)(2)(B) Oct. 30, 1984 98 Stat. 2872 1983 Pub. L. 97417,  3(b) Jan. 4, 1983 96 Stat. 2087 1980 Pub. L. 96513, title V,  506(2) Dec. 12, 1980 94 Stat. 2918 1977 Pub. L. 9579, title III,  302(a)(3)(C) July 30, 1977 91 Stat. 326 1970 Pub. L. 91482,  2F Oct. 21, 1970 84 Stat. 1082 1964 Pub. L. 88647, title II,  202(5) Oct. 13, 1964 78 Stat. 1071  201. Pay grades: assignment to; general rules (a) (1) Subject to paragraph (2), for the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades:     Pay grade Army, Air Force, and Marine Corps Navy, Coast Guard, and National Oceanic and Atmospheric Administration Public Health Service  O10 General Admiral Assistant Secretary for Health. O9 Lieutenant general Vice admiral Surgeon General. O8 Major general Rear admiral Deputy Surgeon General. Assistant Surgeon General having rank of major general. O7 Brigadier general Rear admiral (lower half) Assistant Surgeon General having rank of brigadier general. O6 Colonel Captain Director grade. O5 Lieutenant colonel Commander Senior grade. O4 Major Lieutenant commander Full grade. O3 Captain Lieutenant Senior assistant grade. O2 1st lieutenant Lieutenant (junior grade) Assistant grade. O1 2d lieutenant Ensign Junior assistant grade. (2) For the purpose of computing their basic pay, commissioned officers of the Space Force are assigned to the pay grades in the table in paragraph (1) by grade or rank in the Air Force that is equivalent to the grade or rank in which such officers are serving in the Space Force. (b) For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades:     Pay Grade: Warrant Officer Grade:  W5 Chief Warrant Officer, W5. W4 Chief Warrant Officer, W4. W3 Chief Warrant Officer, W3. W2 Chief Warrant Officer, W2. W1 Warrant Officer, W1. (c) Unless entitled to the basic pay of a higher pay grade, an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the lowest rate prescribed for pay grade E4. (d) Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Navy Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E5. (e) Except as provided by subsections (c) and (d), enlisted members of the uniformed services shall, for the purpose of computing their basic pay, be distributed by the Secretary concerned in the various enlisted pay grades set forth in section 203 of this title section 307 of this title section 205 of this title ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 453 Pub. L. 88132,  3(a) Oct. 2, 1963 77 Stat. 212 Pub. L. 89718,  49(a)(1) Nov. 2, 1966 80 Stat. 1121 Pub. L. 91278,  3(1) June 12, 1970 84 Stat. 306 Pub. L. 9579, title III,  302(a)(1) July 30, 1977 91 Stat. 326 Pub. L. 9676, title III,  313(a) Sept. 29, 1979 93 Stat. 586 Pub. L. 96513, title V Dec. 12, 1980 94 Stat. 2918 Pub. L. 9786, title IV,  405(c) Dec. 1, 1981 95 Stat. 1106 Pub. L. 9894, title IX,  932(d) Sept. 24, 1983 97 Stat. 650 Pub. L. 98557,  25(b)(1) Oct. 30, 1984 98 Stat. 2872 Pub. L. 99145, title V,  514(d)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 101502,  5(k)(2) Nov. 3, 1990 104 Stat. 1289 Pub. L. 10225, title VII,  701(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102190, div. A, title VI,  605 Dec. 5, 1991 105 Stat. 1374 Pub. L. 109163, div. A, title V,  515(d)(1)(B) Jan. 6, 2006 119 Stat. 3236 Pub. L. 116283, div. A, title IX,  925(c) Jan. 1, 2021 134 Stat. 3827        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  201(a) 37:232(b). Oct. 12, 1949, ch. 681,  201(b) May 20, 1958 Pub. L. 85422,  1(2) 72 Stat. 124 201(b) 37:304 (as applicable to basic pay). Oct. 12, 1949, ch. 681,  504 63 Stat. 827 201(c) 37:308 (as applicable to pay). Oct. 12, 1949, ch. 681,  508 63 Stat. 828 May 19, 1952, ch. 310,  1(e) 66 Stat. 80 Mar. 31, 1955, ch. 20,  2(14) 69 Stat. 22 201(d) 10:555(a) (as applicable to pay grades). [None.] 201(e) 37:232(e). Oct. 12, 1949, ch. 681,  201(e) Mar. 31, 1955, ch. 20,  2(3) 69 Stat. 19 201(f) 10:6915(f). 14:758a(f). [None.] [None.] 201(g) 37:232(c) (less last sentence). Oct. 12, 1949, ch. 681,  201(c) 63 Stat. 807 Mar. 31, 1955, ch. 20,  2(2) 69 Stat. 19 May 20, 1958 Pub. L. 85422,  1(3) 72 Stat. 124 In subsection (a), the words whether under temporary or permanent appointment are omitted as surplusage. The words the following pay grades are substituted for the words the various pay grades prescribed for commissioned officers by subsection (a) of this section, as follows. The words (other than a commissioned warrant officer) are inserted to conform to the definition of warrant officer in section 101(13) of this revised title. In subsection (b), the words with two or less years of service computed under section 205 of this title In subsections (c) and (e), the words with two or less years of service computed under section 205 of this title In subsection (e), the words enlisted or appointed under the Army Aviation Cadet Act, as amended, or under the Naval Aviation Cadet Act of 1942, as amended are omitted as obsolete and surplusage. Both of the cited acts were repealed by section 53 of the Act of August 10, 1956, ch. 1041 70A Stat. 641 In subsection (f), the words While on active duty, in section 6915(f) of title 10 section 758a(f) of title 14 section 204 of this title section 6915(f) of title 10 section 758a(f) of title 14 In subsection (g), the words Except as provided by subsections (e) and (f) are inserted to reflect those subsections relating to enlisted aviation cadets or aviation pilots. Editorial Notes Amendments 2021Subsec. (a). Pub. L. 116283 2006Subsec. (d). Pub. L. 109163 1991Subsec. (b). Pub. L. 102190,  1111(b) Subsec. (c). Pub. L. 102190,  605 section 205 of this title Subsec. (e). Pub. L. 10225 1990Subsec. (a). Pub. L. 101502 1985Subsec. (a). Pub. L. 99145 1984Subsec. (a). Pub. L. 98557 1983Subsecs. (b) to (f). Pub. L. 9894 1981Subsec. (a). Pub. L. 9786 1980Subsec. (a). Pub. L. 96513,  506(3) Subsec. (f). Pub. L. 96513,  516(2) 1979Subsec. (a). Pub. L. 9676 1977Subsecs. (c) to (g). Pub. L. 9579 1970Subsec. (e). Pub. L. 91278 1966Subsec. (a). Pub. L. 89718 1963Subsec. (b). Pub. L. 88132 Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by section 1111(b) of Pub. L. 102190 Feb. 1, 1992 section 1132 of Pub. L. 102190 section 521 of Title 10 Effective Date of 1990 Amendment Pub. L. 101502,  5(k)(3) Nov. 3, 1990 104 Stat. 1289 The amendments made by paragraphs (1) and (2) [amending this section and section 207 of Title 42 Effective Date of 1983 Amendment Amendment by Pub. L. 9894 Oct. 1, 1983 section 932(f) of Pub. L. 9894 section 1091 of Title 10 Effective Date of 1981 Amendment Amendment by Pub. L. 9786 Sept. 15, 1981 section 405(f) of Pub. L. 9786 section 101 of Title 10 Effective Date of 1980 Amendment Amendment by sections 506(3), 516(2) of Pub. L. 96513 Sept. 15, 1981 Dec. 12, 1980 Pub. L. 96513 section 101 of Title 10 Effective Date of 1979 Amendment Amendment by Pub. L. 9676 Oct. 1, 1979 section 314 of Pub. L. 9676 section 206 of Title 42 Effective Date of 1963 Amendment Pub. L. 88132,  14 Oct. 2, 1963 77 Stat. 218 This Act [see Short Title of 1963 Amendment note set out under section 101 of this title October 1, 1963  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Executive Documents  Transfer of Functions Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966 80 Stat. 1610 section 3508(b) of Title 20  202. Pay grades: retired Coast Guard rear admirals (lower half)  An officer of the Coast Guard holding a permanent appointment in the grade of rear admiral (lower half) on the retired list, and who in time of war or national emergency has served satisfactorily on active duty for two years in that grade or in a higher grade, is entitled when on active duty to the basic pay of a rear admiral. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 454 Pub. L. 89718,  50 Nov. 2, 1966 80 Stat. 1121 Pub. L. 90130,  3(1) Nov. 8, 1967 81 Stat. 383 Pub. L. 90179,  7 Dec. 8, 1967 81 Stat. 548 Pub. L. 90623,  3(2) Oct. 22, 1968 82 Stat. 1314 Pub. L. 92451,  2 Oct. 2, 1972 86 Stat. 757 Pub. L. 96342, title X,  1004(a) Sept. 8, 1980 94 Stat. 1120 Pub. L. 96513, title IV,  401 Dec. 12, 1980 94 Stat. 2904 Pub. L. 97417,  3(a) Jan. 4, 1983 96 Stat. 2087 Pub. L. 98557,  25(b)(2)(A) Oct. 30, 1984 98 Stat. 2872 Pub. L. 99145, title V,  514(d)(2)(A) Nov. 8, 1985 99 Stat. 629        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  202(a) 10:5507(a). [None.] 202(b) 10:5507(b). [None.] 202(c) 10:5507(c). [None.] 202(d) 10:5507(d). [None.]  14:462a (less applicability to retired pay). [None.] 202(e) 10:5507(e). [None.] 202(f) 14:462. [None.] 202(g) 10:5133(a) (last 13 words of last sentence). [None.] 202(h) 10:5064(b) (the words, pay, allowances,). [None.]  10:5111(b) (the words pay, allowances, and). [None.]  10:5133(a) (last 20 words of 1st sentence). [None.]  10:5138(b) (the words pay, allowances, and). [None.]  10:5142 (last sentence). [None.]  10:5145(c) (last 12 words). [None.]  10:5148(b) (the words pay, allowances,). [None.]  10:5150(c) (the words, pay, allowances,). [None.] 202(i) 10:5064(c) (last sentence). [None.]  10:5134. [None.]  10:5149(a) (last sentence). [None.]  10:5150(d) (last sentence). [None.]  10:5202(a) (last sentence). [None.] 202(j) 10:5062. [None.] In subsections (a)(j), the words and allowances are omitted as surplusage, since, under chapter 7 of this revised title, entitlement to allowances is based upon entitlement to basic pay. In subsection (f), the words provided by law, this or any other, and for any reason are omitted as surplusage. In subsection (g), the words Judge Advocate General of the Navy are inserted to reflect section 5148 of title 10 In subsection (i), the last 12 words of section 5145(c) of title 10 section 5134 of title 10 Editorial Notes Amendments 1985 Pub. L. 99145 1984 Pub. L. 98557 1983 Pub. L. 97417 1980 Pub. L. 96513,  401(b) Subsec. (a). Pub. L. 96513,  401(a)(1) Subsec. (b). Pub. L. 96513,  401(a)(1) Subsec. (c). Pub. L. 96513,  401(a)(1) Subsec. (d). Pub. L. 96513,  401(a)(1) Subsec. (e). Pub. L. 96513,  401(a)(2) Subsec. (f). Pub. L. 96513,  401(a)(3) Subsec. (g). Pub. L. 96513,  401(a)(4) Subsec. (h). Pub. L. 96513,  401(a)(4) Subsec. (i). Pub. L. 96513,  401(a)(4) Subsec. (j). Pub. L. 96513,  401(a)(4) Subsec. (k). Pub. L. 96513,  401(a)(4) Pub. L. 96342 section 5767(c) of title 10 Subsec. ( l Pub. L. 96513,  401(a)(4) l 1972Subsec. (f). Pub. L. 92451 1968Subsec. ( l Pub. L. 90623 l 1967Subsec. (g). Pub. L. 90179,  7(1) Subsecs. (h)(7), (8). Pub. L. 90179,  7(2)(B) Subsec. (i). Pub. L. 90179,  7(3) Subsec. (k). Pub. L. 90179,  7(4) Pub. L. 90130 section 5767(c) of title 10 1966Subsec. (g). Pub. L. 89718,  50(1) Subsec. (h). Pub. L. 89718,  50(2) Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Sept. 15, 1981 Pub. L. 96513 Dec. 12, 1980 section 701 of Pub. L. 96513 section 101 of Title 10 Pub. L. 96342, title X,  1004(b) Sept. 8, 1980 94 Stat. 1120 The amendment made by subsection (a) [amending this section] shall apply with respect to basic pay payable for periods beginning on or after the date of the enactment of this Act [ Sept. 8, 1980 Effective Date of 1972 Amendment Amendment by Pub. L. 92451 Oct. 2, 1972 section 3 of Pub. L. 92451 section 2151 of Title 14 Effective Date of 1968 Amendment Amendment by Pub. L. 90623 Oct. 22, 1968 section 6 of Pub. L. 90623 section 5334 of Title 5  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 section 542 of Title 6 Transition Provisions Under Defense Officer Personnel Management Act For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96513 Pub. L. 96513 Pub. L. 96513 section 611 of Title 10  203. Rates (a) (1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with section 1009 of this title (2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O7 through O10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule. (b) While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 years of service computed under section 205 of this title (c) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O1 with less than two years of service. (d) (1) The basic pay of a commissioned officer who is in pay grade O1, O2, or O3 and who is credited with a total of over four years service described in paragraph (2) shall be computed in the same manner as the basic pay of a commissioned officer in the same pay grade who has been credited with over four years active service as an enlisted member. (2) Service to be taken into account for purposes of computing basic pay under paragraph (1) is as follows: (A) Active service as a warrant officer or as a warrant officer and an enlisted member. (B) Service as a warrant officer, as an enlisted member, or as a warrant officer and an enlisted member, for which at least 1,460 points have been credited to the officer for the purposes of section 12732(a)(2) of title 10 (e) (1) A student at the United States Military Academy Preparatory School, the United States Naval Academy Preparatory School, or the United States Air Force Academy Preparatory School who was selected to attend the preparatory school from civilian life is entitled to monthly student pay at the same rate as provided for cadets and midshipmen under subsection (c). (2) A student at a preparatory school referred to in paragraph (1) who, at the time of the students selection to attend the preparatory school, was an enlisted member of the uniformed services shall receive monthly basic pay at the rate prescribed for the students pay grade and years of service as an enlisted member or at the rate provided for cadets and midshipmen under subsection (c), whichever is greater. (3) The monthly student pay of a student described in paragraph (1) shall be treated for purposes of the accrual charge for the Department of Defense Military Retirement Fund established under section 1461 of title 10 (f) (1) An officer candidate enrolled in the basic officer training program of the commissioned officer corps of the National Oceanic and Atmospheric Administration is entitled, while participating in such program, to monthly officer candidate pay at monthly rates equal to the basic pay of an enlisted member in the pay grade E5 with less than two years of service. (2) An individual who graduates from such program shall receive credit for the time spent participating in such program as if such time were time served while on active duty as a commissioned officer. If the individual does not graduate from such program, such time shall not be considered creditable for active duty or pay. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 456 Pub. L. 88132,  2 Oct. 2, 1963 77 Stat. 210 Pub. L. 88422,  1 Aug. 12, 1964 78 Stat. 395 Pub. L. 89132,  1 Aug. 21, 1965 79 Stat. 545 Pub. L. 89501, title III,  301 July 13, 1966 80 Stat. 276 Pub. L. 90207,  1(1) Dec. 16, 1967 81 Stat. 649 Pub. L. 91278,  3(2) June 12, 1970 84 Stat. 306 Pub. L. 92129, title II,  201 Sept. 28, 1971 85 Stat. 355 Pub. L. 92455,  3 Oct. 2, 1972 86 Stat. 761 Pub. L. 93419,  2 Sept. 19, 1974 88 Stat. 1152 Pub. L. 9579, title III,  302(a)(2) July 30, 1977 91 Stat. 326 Pub. L. 96343,  6(b) Sept. 8, 1980 94 Stat. 1127 Pub. L. 9760, title I,  102(a) Oct. 14, 1981 95 Stat. 992 Pub. L. 9894, title IX,  902(a) Sept. 24, 1983 97 Stat. 635 Pub. L. 99145, title XIII,  1303(b)(1) Nov. 8, 1985 99 Stat. 740 Pub. L. 99661, div. A, title VI,  601(c) Nov. 14, 1986 100 Stat. 3874 Pub. L. 100180, div. A, title VI,  601(c) Dec. 4, 1987 101 Stat. 1092 Pub. L. 100202,  110(b) Dec. 22, 1987 101 Stat. 1329436 Pub. L. 100456, div. A, title VI,  601(d) Sept. 29, 1988 102 Stat. 1976 Pub. L. 101189, div. A, title VI,  601(c) Nov. 29, 1989 103 Stat. 1445 Pub. L. 103160, div. A, title VI,  603(a) Nov. 30, 1993 107 Stat. 1678 Pub. L. 103337, div. A, title VI,  601(c) Oct. 5, 1994 108 Stat. 2779 Pub. L. 104201, div. A, title VI,  602 Sept. 23, 1996 110 Stat. 2540 Pub. L. 105261, div. A, title VI,  602(a) Oct. 17, 1998 112 Stat. 2037 Pub. L. 10665, div. A, title VI,  601(d) Oct. 5, 1999 113 Stat. 648 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  602(a) Dec. 28, 2001 115 Stat. 1132 Pub. L. 107314, div. A, title X,  1062(f)(1) Dec. 2, 2002 116 Stat. 2651 Pub. L. 108136, div. A, title VI,  603 Nov. 24, 2003 117 Stat. 1499 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3286 Pub. L. 109364, div. A, title VI,  602(a) Oct. 17, 2006 120 Stat. 2245 Pub. L. 116259, title III,  305(d) Dec. 23, 2020 134 Stat. 1174        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  203 10:142(d) (as applicable to basic pay). [None.]  37:232(a). Oct. 12, 1949, ch. 681,  201(a) May 19, 1952, ch. 310,  1(a) Mar. 31, 1955, ch. 20,  2(1) May 20, 1958 Pub. L. 85422,  1(1) 72 Stat. 122 Section 142(d) (as applicable to basic pay) of title 10 is omitted as superseded by footnote 1 of section 232(a) of existing title 37. The words pay grades are prescribed are omitted as covered by section 201 of this revised title. The words rates of monthly basic pay . . . are are substituted for the words monthly basic pay . . . is established. The words according to cumulative years of service are omitted as covered by the words years of service computed under section 205 appearing in each table. Editorial Notes  References in Text Levels II and V of the Executive Schedule, referred to in subsec. (a)(2), are set out in sections 5313 and 5316, respectively, of Title 5, Government Organization and Employees. Amendments 2020Subsec. (f). Pub. L. 116259 2006Subsec. (a)(2). Pub. L. 109364 Subsec. (b). Pub. L. 109163,  602 Subsec. (e)(2). Pub. L. 109163,  603 2003Subsec. (d)(2)(A). Pub. L. 108136,  603(1) (i) a commissioned officer on active duty who is paid from funds appropriated for active-duty personnel; or (ii) a commissioned officer on active Guard and Reserve duty. Subsec. (d)(2)(B). Pub. L. 108136,  603(2) section 12732(a)(2) of title 10 2002Subsec. (d)(1). Pub. L. 107314 Pub. L. 107107,  602(a)(2) 2001Subsec. (d). Pub. L. 107107,  602(a)(1) Subsec. (d)(1). Pub. L. 107107,  602(a)(2) Pub. L. 107314 Subsec. (d)(2). Pub. L. 107107,  602(a)(3) 2000Subsec. (c). Pub. L. 106398 1999Subsec. (a). Pub. L. 10665 1998Subsec. (c). Pub. L. 105261 1996Subsec. (c). Pub. L. 104201 section 1009 of this title 1994Subsec. (c)(1). Pub. L. 103337 1993Subsec. (e). Pub. L. 103160 1989Subsec. (c)(1). Pub. L. 101189 1988Subsec. (c)(1). Pub. L. 100456 1987Subsec. (c)(1). Pub. L. 100180 Pub. L. 100202 1986Subsec. (c)(1). Pub. L. 99661 1985Subsec. (a). Pub. L. 99145 1983Subsec. (d). Pub. L. 9894 1981Subsec. (c)(1). Pub. L. 9760 1980Subsec. (d). Pub. L. 96343 1977Subsec. (c). Pub. L. 9579 1974Subsec. (a). Pub. L. 93419 section 1009 of this title 1972Subsec. (a). Pub. L. 92455 1971Subsec. (a). Pub. L. 92129 1970Subsec. (b). Pub. L. 91278 1967Subsec. (a). Pub. L. 90207 1966Subsec. (a). Pub. L. 89501 1965Subsec. (a). Pub. L. 89132 1964Subsec. (a). Pub. L. 88422 1963Subsec. (a). Pub. L. 88132 Subsec. (b). Pub. L. 88132 Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Pub. L. 109364, div. A, title VI,  602(b) Oct. 17, 2006 120 Stat. 2245 The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2007 Effective Date of 2002 Amendment Pub. L. 107314, div. A, title X,  1062(f) Dec. 2, 2002 116 Stat. 2651 Dec. 28, 2001 Pub. L. 107107 Effective Date of 2001 Amendment Pub. L. 107107, div. A, title VI,  602(b) Dec. 28, 2001 115 Stat. 1133 The amendments made by subsection (a) [amending this section] shall apply with respect to months beginning on or after the date of the enactment of this Act [ Dec. 28, 2001 Effective Date of 2000 Amendment Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 The amendments made by subsections (a) and (b) [amending this section and section 209 of this title October 1, 2001 Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  601(d) Oct. 5, 1999 113 Stat. 648 Jan. 1, 2000 Effective Date of 1998 Amendment Pub. L. 105261, div. A, title VI,  602(b) Oct. 17, 1998 112 Stat. 2037 The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1999 Effective Date of 1994 Amendment Pub. L. 103337, div. A, title VI,  601(c) Oct. 5, 1994 108 Stat. 2779 Jan. 1, 1995 Effective Date of 1993 Amendment Pub. L. 103160, div. A, title VI,  603(b) Nov. 30, 1993 107 Stat. 1678 The amendment made by subsection (a) [amending this section] shall apply with respect to students entering the United States Military Academy Preparatory School, the United States Naval Academy Preparatory School, or the United States Air Force Academy Preparatory School on or after the date of the enactment of this Act [ Nov. 30, 1993 Effective Date of 1989 Amendment Pub. L. 101189, div. A, title VI,  601(c) Nov. 29, 1989 103 Stat. 1445 Jan. 1, 1990 Effective Date of 1988 Amendment Pub. L. 100456, div. A, title VI,  601(d) Sept. 29, 1988 102 Stat. 1976 Jan. 1, 1989 Effective Date of 1987 Amendment Pub. L. 100180, div. A, title VI,  601(c) Dec. 4, 1987 101 Stat. 1092 Pub. L. 100202,  110(b) Dec. 22, 1987 101 Stat. 1329436 Jan. 1, 1988 Effective Date of 1986 Amendment Pub. L. 99661, div. A, title VI,  601(c) Nov. 14, 1986 100 Stat. 3874 Jan. 1, 1987 Effective Date of 1983 Amendment Pub. L. 9894, title IX,  902(b) Sept. 24, 1983 97 Stat. 635 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1983 Effective Date of 1981 Amendment Pub. L. 9760, title I,  102(b) Oct. 14, 1981 95 Stat. 992 The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 1981 Effective Date of 1980 Amendment Amendment by Pub. L. 96343 Aug. 31, 1980 section 6(c) of Pub. L. 96343 section 907 of this title Effective Date of 1974 Amendment Amendment by Pub. L. 93419 Sept. 19, 1974 section 9 of Pub. L. 93419 section 1009 of this title Effective Date of 1971 Amendment Amendment by Pub. L. 92129 Oct. 1, 1971 section 209 of Pub. L. 92129 section 302a of this title Effective Date of 1967 Amendment Pub. L. 90207,  7 Dec. 16, 1967 81 Stat. 654 This Act [enacting sections 311 and 411a of this title, amending this section, sections 403 and 407 of this title, sections 1401 to 1402, 1436, 3991, 6326, 6330, and 8991 of Title 10, Armed Forces, and section 2203 of the former Appendix to Title 50, War and National Defense, and enacting provisions set out as notes under this section and sections 1401 and 1401a of Title 10] becomes effective as of October 1, 1967 section 1401 of Title 10 section 311 of this title Dec. 16, 1967 Oct. 1, 1967 section 206 of title 37 September 30, 1967 Effective Date of 1966 Amendment Pub. L. 89501, title III,  304 July 13, 1966 80 Stat. 278 This title [amending this section and enacting provisions set out as notes under this section and section 1401 of Title 10 July 1, 1966 5 U.S.C. 1113(b) section 5332(a) of Title 5 Pub. L. 89504 July 18, 1966 80 Stat. 288 Effective Date of 1965 Amendment Pub. L. 89132,  10 Aug. 21, 1965 79 Stat. 548 This Act [enacting section 1008 of this title section 1040 of Title 10 section 1401 of Title 10 Aug. 21, 1965 Effective Date of 1964 Amendment Pub. L. 88422,  4 Aug. 12, 1964 78 Stat. 396 This Act [amending this section and enacting provisions set out as notes under this section] becomes effective on the first day of the first calendar month beginning after the date of enactment of this Act [ Aug. 12, 1964 Effective Date of 1963 Amendment Amendment by Pub. L. 88132 Oct. 1, 1963 section 14 of Pub. L. 88132 section 201 of this title  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Publication by Department of Defense of Actual Rates of Basic Pay Payable to Members of the Armed Forces by Pay Grade for Annual or Other Pay Periods Pub. L. 114328, div. A, title VI,  602 Dec. 23, 2016 130 Stat. 2156 Any pay table published or otherwise issued by the Department of Defense to indicate the rates of basic pay of the Armed Forces in effect for members of the Armed Forces for a calendar year or other period shall state the rate of basic pay to be received by members in each pay grade for such year or period as specified or otherwise provided by applicable law, including any rate to be so received pursuant during such year or period by the operation of a ceiling under section 203(a)(2) of title 37 Increases in Basic Pay for General and Flag Officers Pub. L. 11492, div. A, title VI,  601 Nov. 25, 2015 129 Stat. 836  Section 203(a)(2) of title 37 Pub. L. 113291, div. A, title VI,  601 Dec. 19, 2014 128 Stat. 3397  In the case of commissioned officers in the uniformed services in pay grades O7 through O10 (1)  section 203(a)(2) of title 37 (2) the rates of monthly basic pay payable for such officers shall not increase during calendar year 2015. Basic Pay Rate Equal Treatment of Chief of the National Guard Bureau Pub. L. 113291, div. A, title VI,  603(a)(1) Dec. 19, 2014 128 Stat. 3397 The rate of basic pay for an officer while serving as the Chief of the National Guard Bureau shall be the same as the rate of basic pay for the officers specified in Footnote 2 of the table entitled commissioned officers in section 601(b) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108136 37 U.S.C. 1009 section 205 of title 37 Rate of Pay Increases for Cadets, Midshipmen, and Applicants for Membership in Senior Reserve Officers Training Corps Pub. L. 9579, title III,  302(b) July 30, 1977 91 Stat. 326  (b) Any cadet or midshipman who, on the date of enactment of this Act [ July 30, 1977 (1) admitted to the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy, as the case may be, or (2) enrolled in the Senior Reserve Officers Training Corps program and attending a field training encampment or practice cruise for which he is entitled to pay under section 209(c) of title 37 shall, if otherwise entitled, receive the rate of pay prescribed by section 201(c) of title 37 July 30, 1977 (c) A person who, on the date of enactment of this Act [ July 30, 1977 section 2104(b)(6)(B) of title 10 Master Chief Petty Officer of the Coast Guard; Pay Recovery Pub. L. 92455,  5 Oct. 2, 1972 86 Stat. 761 An enlisted member of the Coast Guard who has served as the master chief petty officer of the Coast Guard before enactment of this Act [ Oct. 2, 1972 Report on Effectiveness of 1971 Pay Increases in Increasing Volunteers Pub. L. 92129, title II,  211 Sept. 28, 1971 85 Stat. 360 June 30, 1972 Pub. L. 92129 Pay Continuation Pub. L. 92129, title II,  210 Sept. 28, 1971 85 Stat. 360 The enactment of this title [enacting sections 302a, 308a, and 428 of this title and amending this section, section 403 of this title June 30, 1971 Pub. L. 89501, title III,  302 July 13, 1966 80 Stat. 278  Notwithstanding any other provision of law, a member of an armed force who was entitled to pay and allowances under any of the following provisions of law on the day before the effective date of this title [see Effective Date of 1966 Amendment note above] shall continue to receive the pay and allowances to which he was entitled on that day plus an increase of 3.2 per centum in the total of his pay and allowances: (1) The Act of March 23, 1946 60 Stat. 59 (2) The Act of June 26, 1948 62 Stat. 1052 (3) The Act of September 18, 1950 After the effective date of this title, no increase in the basic pay or any of the allowances of members of the uniformed services on active duty shall increase the basic pay or any of the allowances of a member covered by the preceding provisions of this section. Pub. L. 89132,  8 Aug. 21, 1965 79 Stat. 548 Pub. L. 10283,  5(c)(2) Aug. 6, 1991 105 Stat. 406  The enactment of this Act [see Effective Date of 1965 Amendment note above] does not reduce (1) the rate of dependency and indemnity compensation under section 1311 of title 38 Sept. 1, 1965 (2) the basic pay or the retired pay or retainer pay to which a member or former member of a uniformed service was entitled to on the day before the effective date of this Act [ Sept. 1, 1965 Pub. L. 88422,  2 Aug. 12, 1964 78 Stat. 396  Notwithstanding any other provision of law, a member of an armed force who was entitled to pay and allowances under any of the following provisions of law on the day before the effective date of this Act [ Sept. 1, 1964 (1) The Act of March 23, 1946 60 Stat. 59 (2) The Act of June 26, 1948 62 Stat. 1052 (3) The Act of September 18, 1950 Pub. L. 88422,  3 Aug. 12, 1964 78 Stat. 396  The enactment of this Act [amending this section, and enacting provisions set out as notes under this section] does not reduce (1) the rate of dependency and indemnity compensation under section 411 of title 38 Sept. 1, 1964 (2) the basic pay or the retired pay or retainer pay to which a member or former member of a uniformed service was entitled on the day before the effective date of this Act. Pub. L. 88132,  13(b) Oct. 2, 1963 77 Stat. 218 The enactment of this Act [see Short Title of 1963 Amendment note set out under section 101 of this title Oct. 1, 1963 Periodic Pay Adjustments in Monthly Basic Pay Pub. L. 90207,  8 Dec. 16, 1967 81 Stat. 654 Pub. L. 93419,  8 Sept. 19, 1974 88 Stat. 1153 Executive Documents  Adjustment of Pay Rates For adjustment of monthly pay rates under subsec. (c) of this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5 Prior to amendment of this section by Pub. L. 93419 Ex. Ord. No. 11740, Oct. 3, 1973 Oct. 1, 1973 Ex. Ord. No. 11692, Dec. 15, 1972 Apr. 12, 1974 Oct. 1, 1972 Ex. Ord. No. 11638, Dec. 22, 1971 Jan. 1, 1972 Ex. Ord. No. 11577, Jan. 8, 1971 Jan. 1, 1971 Ex. Ord. No. 11525, Apr. 15, 1970 Jan. 1, 1970 Ex. Ord. No. 11475, June 16, 1969 July 1, 1969 Ex. Ord. No. 11414, June 11, 1968 July 1, 1968  204. Entitlement (a) The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under section 205 of this title (1) a member of a uniformed service who is on active duty; and (2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32. (b) For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty. (c) (1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the members unit. (2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the members contact provided under such paragraph. (3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessary to carry out this subsection. (d) Full-time training, training duty with pay, or other full-time duty performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, is active duty for the purposes of this section. (e) A payment accruing under any law to a member of a uniformed service incident to his release from active duty or for his return home incident to that release may be paid to him before his departure from his last duty station, whether or not he actually performs the travel involved. If a member receives a payment under this subsection but dies before that payment would have been made but for this subsection, no part of that payment may be recovered by the United States. (f) A cadet of the United States Military Academy or the United States Air Force Academy, or a midshipman of the United States Naval Academy, who, upon graduation from one of those academies, is appointed as a second lieutenant of the Army or the Air Force is entitled to the basic pay of pay grade O1 beginning upon the date of his graduation. (g) (1) A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member is physically disabled as the result of an injury, illness, or disease incurred or aggravated (A) in line of duty while performing active duty; (B) in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service); (C) while traveling directly to or from such duty or training; (D) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or (E) in line of duty while (i) serving on funeral honors duty under section 12503 of title 10 section 115 of title 32 (ii) traveling to or from the place at which the duty was to be performed; or (iii) remaining overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the members residence. (2) In the case of a member who receives earned income from nonmilitary employment or self-employment performed in any month in which the member is otherwise entitled to pay and allowances under paragraph (1), the total pay and allowances shall be reduced by the amount of such income. In calculating earned income for the purpose of the preceding sentence, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered. (h) (1) A member of a reserve component of a uniformed service who is physically able to perform his military duties, is entitled, upon request, to a portion of the monthly pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for each month for which the member demonstrates a loss of earned income from nonmilitary employment or self-employment as a result of an injury, illness, or disease incurred or aggravated (A) in line of duty while performing active duty; (B) in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service); (C) while traveling directly to or from such duty or training; (D) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or (E) in line of duty while (i) serving on funeral honors duty under section 12503 of title 10 section 115 of title 32 (ii) traveling to or from the place at which the duty was to be performed; or (iii) remaining overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the members residence. (2) The monthly entitlement may not exceed the members demonstrated loss of earned income from nonmilitary or self-employment. In calculating such loss of income, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered. (i) (1) The total amount of pay and allowances paid under subsections (g) and (h) and compensation paid under section 206(a) of this title (2) Pay and allowances may not be paid under subsection (g) or (h) for a period of more than six months. The Secretary concerned may extend such period in any case if the Secretary determines that it is in the interests of fairness and equity to do so. (3) A member is not entitled to benefits under subsection (g) or (h) if the injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member. (4) Regulations with respect to procedures for paying pay and allowances under subsections (g) and (h) shall be prescribed (A) by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary; and (B) by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy. (j) A member of the uniformed services who is entitled to medical or dental care under section 1074a of title 10 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 457 Pub. L. 96513, title V,  506(4) Dec. 12, 1980 94 Stat. 2919 Pub. L. 9894, title X,  1012(b) Sept. 24, 1983 97 Stat. 665 Pub. L. 99433, title V,  531(b) Oct. 1, 1986 100 Stat. 1063 Pub. L. 99661, div. A, title VI,  604(b) Nov. 14, 1986 100 Stat. 3875 Pub. L. 100456, div. A, title VI,  631(a) Sept. 29, 1988 102 Stat. 1984 Pub. L. 10225, title VII,  701(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 103337, div. A, title XVI,  1676(b)(1) Oct. 5, 1994 108 Stat. 3019 Pub. L. 104106, div. A, title VII,  702(c) Feb. 10, 1996 110 Stat. 371 Pub. L. 10585, div. A, title V,  513(f) Nov. 18, 1997 111 Stat. 1732 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title V,  513(d) Dec. 28, 2001 115 Stat. 1093 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 11366, div. A, title VI,  602 Dec. 26, 2013 127 Stat. 779        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  204(a)  204(b)  204(c)  204(d)  204(e) 37:232(d) (1st sentence, less provisos). 37:232(d) (1st proviso of 1st sentence). 37:232(d) (2d proviso of 1st sentence). 37:232(d) (last proviso of 1st sentence). 37:232(d) (less 1st sentence). Oct. 12, 1949, ch. 681,  201(d) 63 Stat. 807 Mar. 31, 1955, ch. 20,  2(2) 69 Stat. 19 Aug. 10, 1956, ch. 1041,  20(a) 70A Stat. 627 May 20, 1958 Pub. L. 85422,  1(4) 72 Stat. 124 204(f) 37:308a. Dec. 20, 1886, ch. 2 24 Stat. 351 June 2, 1950, ch. 217,  2 64 Stat. 195 204(g) 10:3687 (as applicable to pay and allowances). [None.]  10:8687 (as applicable to pay and allowances). [None.] 204(h) 32:318 (as applicable to pay and allowances). [None.] 204(i) 10:6148(a) (as applicable to pay and allowances). [None.]  10:6148(b) (as applicable to pay and allowances). [None.] [The citations to section 232(d) of existing title 37, above, are to the language of subsection (d) set forth in the codification note under section 232, rather than that erroneously set forth in the text of the section.] In subsection (a), the last 27 words are substituted for the words or performance of the duties provided for by sections 5, 81, 94, 97 and 99 of the National Defense Act, as amended, to reflect the current citations. So much of the introductory clause as follows the exception is substituted for the 36 words preceding 1st proviso of 1st sentence of section 232(d) of existing title 37. The words on the active list are omitted as covered by the words active duty as defined in section 101(18) of this revised title. The words (provided for or authorized in the National Defense Act, as amended, or in the Naval Reserve Act of 1938, as amended) are omitted as covered by the words provided by law. In subsection (b), the words For the purposes of subsection (a) are inserted for clarity. The words active duty for a period of more than 30 days are substituted for the words extended active duty in excess of thirty days. The words call or are inserted to conform to the words called or. In subsection (c), the words and allowances are omitted, since, under chapter 7 of this revised title, entitlement to allowances depends upon entitlement to basic pay. The last sentence is substituted for the last 38 words of the 2d proviso of the 1st sentence of section 232(d) of existing title 37. In subsection (d), the words for the purposes of this section are substituted for the words and which entitles them to receive basic pay . . . in the service of the United States. The words pursuant to this section are omitted as surplusage. In subsection (e), the words or active duty for training are omitted as covered by the words active duty as defined in section 101(18) of this revised title. In subsection (f), the words is appointed are substituted for the words has been or may be commissioned. The words under the laws appointing such graduates to the Army and the last 16 words of section 308a of existing title 37 are omitted as surplusage. The words to the date of his acceptance of and qualification under his commission are omitted, since the member concerned would continue to be entitled to basic pay after that acceptance and qualification. The words or the United States Naval Academy are inserted to reflect section 541 of title 10 In subsection (i), the inclusion of the Coast Guard Reserve is based on the authority contained in section 755(c) of title 14 Editorial Notes Amendments 2013Subsec. (c). Pub. L. 11366 2002Subsec. (i)(4)(B). Pub. L. 107296 2001Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 107107 2000Subsec. (g)(1)(E). Pub. L. 106398,  1 [[div. A] Subsec. (h)(1)(E). Pub. L. 106398,  1 [[div. A] 1997Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 10585 1996Subsec. (g)(1)(D). Pub. L. 104106,  702(c)(1) Subsec. (h)(1)(D). Pub. L. 104106,  702(c)(2) 1994Subsec. (a)(2). Pub. L. 103337 1991Subsec. (b). Pub. L. 10225 1988Subsec. (g). Pub. L. 100456,  631(a) (1) is called or ordered to active duty for a period of more than 30 days; and (2) is physically disabled in line of duty from injury, illness, or disease. Subsec. (h). Pub. L. 100456,  631(a) Subsecs. (i), (j). Pub. L. 100456,  631(b) 1986Subsec. (a)(2). Pub. L. 99433 Subsec. (g). Pub. L. 99661,  604(b)(1) (1) he is called or ordered to active duty (other than for training under section 270(b) of title 10 (2) he is called or ordered to active duty, or to perform inactive-duty training, for any period of time, and is disabled in line of duty from injury while so employed. Subsec. (h). Pub. L. 99661,  604(b)(1) (1) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or (2) for any period of time, and is disabled in line of duty from injury while so employed. Subsecs. (i), (j). Pub. L. 99661,  604(b)(2) 1983Subsec. (j). Pub. L. 9894 1980Subsec. (a). Pub. L. 96513 section 202(i) of this title Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 2000 Amendment Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 The amendments made by subsection (a) [amending this section] shall apply with respect to months beginning on or after the date of the enactment of this Act [ Oct. 30, 2000 Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Dec. 1, 1994 section 1691 of Pub. L. 103337 section 10001 of Title 10 Effective Date of 1988 Amendment Pub. L. 100456, div. A, title VI,  631(d) Sept. 29, 1988 102 Stat. 1985 The amendments made by this section [amending this section and section 206 of this title Sept. 29, 1988 Effective Date of 1983 Amendment Amendment by Pub. L. 9894 Sept. 24, 1983 section 1012(c) of Pub. L. 9894 section 1074a of Title 10 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Sept. 15, 1981 section 701 of Pub. L. 96513 section 101 of Title 10  205. Computation: service creditable (a) Subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding (1) all periods of active service as an officer, Army field clerk, flight officer, aviation midshipman, or enlisted member of a uniformed service; (2) all periods during which he was enlisted or held an appointment as an officer, Army field clerk, or flight officer of (A) a regular component of a uniformed service; (B) the Regular Army Reserve; (C) the Organized Militia before July 1, 1916 (D) the National Guard; (E) the National Guard Reserve; (F) a reserve component of a uniformed service; (G) the Naval Militia; (H) the National Naval Volunteers; (I) the Navy Reserve Force; (J) the Army without specification of component; (K) the Air Force without specification of component; (L) the Marine Corps Reserve Force; (M) the Philippine Scouts; or (N) the Philippine Constabulary; (3) for a commissioned officer in service on June 30, 1922 (4) all periods during which he held an appointment as a nurse, reserve nurse, or commissioned officer in the Army Nurse Corps as it existed at any time before April 16, 1947 April 16, 1947 (5) all periods during which he was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration; (6) all periods that, under law in effect on January 10, 1962 (7) all periods while (A) on a temporary disability retired list, honorary retired list, or a retired list of a uniformed service; (B) entitled to retired pay, retirement pay, or retainer pay, from a uniformed service or the Department of Veterans Affairs, as a member of the Fleet Reserve or the Fleet Marine Corps Reserve; or (C) a member of the Honorary Reserve of the Officers Reserve Corps or the Organized Reserve Corps. Except for any period of active service described in clause (1) and except as provided by subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a of title 10 (b) A period of time may not be counted more than once under subsection (a). (c) The periods of service authorized to be counted under subsection (a) shall, under regulations prescribed by the Secretary concerned, include service performed by a member of a uniformed service before he became 18 years of age. (d) Notwithstanding subsection (a), a commissioned officer may not count in computing basic pay a period of service after October 13, 1964 August 1, 1979 (e) (1) Notwithstanding subsection (a), a period of service described in paragraph (2) of a member who enlists in a reserve component may not be counted under this section. (2) Paragraph (1) applies to the following service: (A) Service performed while a member of a reserve component under an enlistment under section 12103(b) or 12103(d) of title 10 before the member begins service on active duty under such section (including a period of active duty for training) unless the member performs inactive-duty training before beginning service on active duty or active duty for training; (B) Service performed while a member of a reserve component under an enlistment under section 513 of title 10 (f) Notwithstanding subsection (a), the periods of service of a commissioned officer appointed under section 12203 of title 10 January 1, 2000 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 458 Pub. L. 88647, title II,  202(1) Oct. 13, 1964 78 Stat. 1070 Pub. L. 89718,  49(a)(1) Nov. 2, 1966 80 Stat. 1121 Pub. L. 90623,  3(3) Oct. 22, 1968 82 Stat. 1314 Pub. L. 93545,  2 Dec. 26, 1974 88 Stat. 1741 Pub. L. 96342, title VIII,  813(b)(3)(D) Sept. 8, 1980 94 Stat. 1104 Pub. L. 96513, title IV,  402 Dec. 12, 1980 94 Stat. 2904 Pub. L. 98525, title VI,  607(a) Oct. 19, 1984 98 Stat. 2538 Pub. L. 101189, div. A, title V,  501(c) Nov. 29, 1989 103 Stat. 1435 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title V,  517(b) Oct. 23, 1992 106 Stat. 2407 Pub. L. 10335, title II,  204(a)(1) May 31, 1993 107 Stat. 102 Pub. L. 103337, div. A, title XVI,  1676(b)(2) Oct. 5, 1994 108 Stat. 3019 Pub. L. 104201, div. A, title V,  507(b) Sept. 23, 1996 110 Stat. 2512 Pub. L. 10585, div. A, title X,  1073(b) Nov. 18, 1997 111 Stat. 1904 Pub. L. 10665, div. A, title V,  551(c) Oct. 5, 1999 113 Stat. 614 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 109163, div. A, title V,  515(d)(1)(C) Jan. 6, 2006 119 Stat. 3236        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  205(a) 37:233(a) (less words after 2d semicolon of clause (7)). 37:233(b). Oct. 12, 1949, ch. 681,  202 63 Stat. 807 Apr. 30, 1956, ch. 223,  2 70 Stat. 121 205(b) 37:233(a)(7) (words between 2d and 3d semicolons). 37:233(d) (less proviso). 205(c) 37:233(a)(7) (words after 3d semicolon). 205(d) 37:233(c). In subsection (a), the introductory clause is substituted for section 233(a) (introductory clause) of existing title 37. In clauses (1) and (2), the word officer is substituted for the words commissioned officer, commissioned warrant officer, warrant officer to conform to the definition of officer in section 101(11) of this revised title. In clause (1), the words Regular or Reserve component are omitted, since, under the definition of reserve component in section 102(k) of the source statute, those words are defined to include members without component status. Together, these categories compose the entire structure of any uniformed service. In clause (2)(F), the words a reserve component of a uniformed service are substituted for the words the National Guard of the United States, or in the Organized Reserve Corps, or in the Officers Reserve Corps, or in the Enlisted Reserve Corps, or in the Medical Reserve Corps, or in the Medical Reserve Corps of the Navy, or in the Dental Reserve Corps of the Navy . . . or in the Naval Reserve . . . or in the Air National Guard of the United States, or in the Air Force Reserve, or in the officers section of the Air Force Reserve, or in the enlisted section of the Air Force Reserve, or in the Air Corps Reserve . . . or in the Marine Corps Reserve, or in the Coast Guard Reserve, or in the Reserve Corps of the Public Health Service, since all of the named organizations were or are reserve components. In clause (4), the words as it existed at any time before April 16, 1947 April 16, 1947 January 1, 1961 Public Law 86142 In subsection (b), the first 33 words of section 233(d) of existing title 37 are omitted as covered by the words are computed by adding in subsection (a). The words for any reason, in section 233(d) of existing title 37, are omitted as surplusage. In subsection (c)(3), the words chapter 67 of title 10 are substituted for the words title III of the Army and Air Force Vitalization and Retirement Equalization Act of 1948, since that title was repealed by section 53 of the Act of August 10, 1956, ch. 1041 70A Stat. 641 Editorial Notes Amendments 2006Subsec. (a)(2)(I). Pub. L. 109163 2000Subsec. (f). Pub. L. 106398 1999Subsec. (f). Pub. L. 10665 1997Subsec. (d). Pub. L. 10585 August 1, 1979 1996Subsec. (d). Pub. L. 104201 August 1, 1979 July 31, 1990 1994Subsec. (e)(2)(A). Pub. L. 103337,  1676(b)(2)(A) Subsec. (e)(2)(B). Pub. L. 103337,  1676(b)(2)(B) 1993Subsec. (a)(7)(B). Pub. L. 10335 1992Subsec. (d). Pub. L. 102484 October 13, 1964 1991Subsecs. (a) to (c). Pub. L. 10225 1989Subsec. (e). Pub. L. 101189 section 511 of title 10 (1) begins service on active duty under subsection (b) of that section, or (2) begins an initial period of active duty for training under subsection (d) of that section, may not be counted under this section. 1984Subsec. (e). Pub. L. 98525 1980Subsec. (a). Pub. L. 96513,  402(a) Pub. L. 96513,  516(3) Pub. L. 96342 Subsec. (b). Pub. L. 96513,  402(b) Subsecs. (c) to (e). Pub. L. 96513,  402(c) 1974Subsec. (a)(1). Pub. L. 93545 1968Subsec. (e). Pub. L. 90623 October 13, 1964 1966Subsec. (a). Pub. L. 89718 1964Subsec. (e). Pub. L. 88647 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Dec. 1, 1994 section 1691 of Pub. L. 103337 section 10001 of Title 10 Effective Date of 1984 Amendment Pub. L. 98525, title VI,  607(b) Oct. 19, 1984 98 Stat. 2538 The amendment made by subsection (a) [amending this section] shall apply to persons who enlist under section 511 [now 12103] of title 10, United States Code, on or after the first day of the third calendar month which begins after the date of the enactment of this Act [ Oct. 19, 1984 Effective Date of 1980 Amendment Amendment by section 402 of Pub. L. 96513 Sept. 15, 1981 Pub. L. 96513 Dec. 12, 1980 section 701 of Pub. L. 96513 section 101 of Title 10 Amendment by section 516(3) of Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 Effective Date of 1968 Amendment Amendment by Pub. L. 90623 Oct. 22, 1968 section 6 of Pub. L. 90623 section 5334 of Title 5 Inclusion of Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff Among Senior Enlisted Members of the Armed Forces Pub. L. 109163, div. A, title VI,  685(a) Jan. 6, 2006 119 Stat. 3325 Pub. L. 109364, div. A, title X,  1071(e)(5) Oct. 17, 2006 120 Stat. 2401 Pub. L. 113291, div. A, title VI,  603(a)(2)(A) Dec. 19, 2014 128 Stat. 3398  (1)  Equal treatment The rate of basic pay for an enlisted member in the grade E9 while serving as Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff or as Senior Enlisted Advisor to the Chief of the National Guard Bureau shall be the same as the rate of basic pay for an enlisted member in that grade while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, regardless of cumulative years of service computed under section 205 of title 37 (2)  Effective date Paragraph (1) shall apply beginning on the date on which an enlisted member of the Armed Forces is first appointed to serve as Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff. Transition Provision Subsec. (f) of this section applicable to certain enlisted members of the Marine Corps Reserve selected for training as an officer candidate under section 12209 of Title 10 section 16401 of Title 10 section 551(d) of Pub. L. 10665 section 16401 of Title 10 Benefits Not To Accrue for Periods Prior to September 23, 1996 No increase in pay or retired or retainer pay to accrue for periods before Sept. 23, 1996 section 507 of Pub. L. 104201 section 507(c) of Pub. L. 104201 section 2106 of Title 10 Transition Provisions Under Defense Officer Personnel Management Act For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96513 Pub. L. 96513 Pub. L. 96513 section 611 of Title 10  206. Reserves; members of National Guard: inactive-duty training (a) Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard or a member of a reserve component of a uniformed service who is not entitled to basic pay under section 204 of this title 1 30 (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 each of six days for each period during which the member is on maternity leave. (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 members 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 (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 members 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. 87649 Sept. 7, 1962 76 Stat. 460 Pub. L. 98525, title XIV,  1402(a) Oct. 19, 1984 98 Stat. 2620 Pub. L. 99661, div. A, title VI,  604(c) Nov. 14, 1986 100 Stat. 3876 Pub. L. 100456, div. A, title VI,  631(c) Sept. 29, 1988 102 Stat. 1985 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 104106, div. A, title VII,  702(d) Feb. 10, 1996 110 Stat. 371 Pub. L. 10585, div. A, title V,  513(g) Nov. 18, 1997 111 Stat. 1732 Pub. L. 107107, div. A, title V,  513(e) Dec. 28, 2001 115 Stat. 1093 Pub. L. 109163, div. A, title VI,  604 Jan. 6, 2006 119 Stat. 3287 Pub. L. 109364, div. A, title VI,  607 Oct. 17, 2006 120 Stat. 2247 Pub. L. 110181, div. A, title VI,  633(b) Jan. 28, 2008 122 Stat. 155 Pub. L. 116283, div. A, title VI,  602(a) Jan. 1, 2021 134 Stat. 3670        Historical and Revision Notes  Revised section Source (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) 63 Stat. 825 Aug. 10, 1956, ch. 1041,  20(e) 70A Stat. 629 June 30, 1960 Pub. L. 86559,  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 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. 98473, title I,  101(h) [title VIII,  8020] Oct. 12, 1984 98 Stat. 1904 Pub. L. 98212, title VII,  722 Dec. 8, 1983 97 Stat. 1442 Pub. L. 97377, title I,  101(c) [title VII,  725] Dec. 21, 1982 96 Stat. 1833 Pub. L. 97114, title VII,  725 Dec. 29, 1981 95 Stat. 1583 Pub. L. 96527, title VII,  726 Dec. 15, 1980 94 Stat. 3086 Pub. L. 96154, title VII,  726 Dec. 21, 1979 93 Stat. 1157 Pub. L. 95457, title VIII,  826 Oct. 13, 1978 92 Stat. 1248 Amendments 2021Subsec. (a)(4). Pub. L. 116283 2008Subsec. (f). Pub. L. 110181 2006Subsec. (d)(1). Pub. L. 109163 Subsec. (d)(3). Pub. L. 109364 2001Subsec. (a)(3)(C). Pub. L. 107107,  513(e) Subsec. (d). Pub. L. 107107,  603(a) 1997Subsec. (a)(3)(C). Pub. L. 10585 1996Subsec. (a)(3)(C). Pub. L. 104106 1991Subsec. (b). Pub. L. 10225 1988Subsec. (a)(3)(A)(i). Pub. L. 100456 1986Subsec. (a). Pub. L. 99661 1984Subsec. (e). Pub. L. 98525 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 116283 Jan. 1, 2021 section 602(c) of Pub. L. 116283 section 12732 of Title 10 Effective Date of 1988 Amendment Amendment by Pub. L. 100456 Sept. 29, 1988 section 631(d) of Pub. L. 100456 section 204 of this title Effective Date of 1984 Amendment Amendment by Pub. L. 98525 Oct. 1, 1985 section 1404 of Pub. L. 98525 section 520b of Title 10  207. Band leaders (a) The leader of the Army Band is entitled to the basic pay of a captain in the Army. (b) The leader of the United States Navy Band is entitled to the basic pay of a lieutenant in the Navy. (c) A member of the Marine Corps who is appointed as director or assistant director of the United States Marine Band under section 8287 of title 10 (d) The leader of the Naval Academy Band is entitled to the basic pay of the grade the Secretary of the Navy prescribes. The second leader is entitled to the basic pay of a warrant officer, W1. (e) The director of the Coast Guard Band is entitled to the basic pay of an officer in the grade in which he is serving. However, his basic pay may not be less than that to which he was entitled at the time of his appointment as director. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 460 Pub. L. 89189,  2 Sept. 17, 1965 79 Stat. 820 Pub. L. 95551,  3(b)(1) Oct. 30, 1978 92 Stat. 2069 Pub. L. 115232, div. A, title VIII,  809(m)(1) Aug. 13, 2018 132 Stat. 1843        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  207(a) 10:3536(b) (as applicable to basic pay). [None.] 207(b) 10:4338(a) (as applicable to basic pay). [None.] 207(c) 10:6221(b) (as applicable to basic pay). [None.] 207(d) 10:6222(e) (as applicable to basic pay). [None.] 207(e) 10:6969(b) (less last sentence, as applicable to basic pay). [None.] In subsection (a), the last 22 words of section 3536(b) of title 10 In subsection (b), the last sentence of section 4338(a) of title 10 In subsection (c), the last 22 words of section 6221(b) of title 10 In subsection (e), the 2d sentence of section 6969(b) of title 10 Editorial Notes Amendments 2018Subsec. (c). Pub. L. 115232 section 8287 of title 10 section 6222 of title 10 1978Subsec. (b). Pub. L. 95551 Subsecs. (c) to (e). Pub. L. 95551 Subsec. (f). Pub. L. 95551 1965Subsec. (f). Pub. L. 89189 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10  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 section 542 of Title 6 [ 208. Repealed. Pub. L. 91482,  1(b) Oct. 21, 1970 84 Stat. 1082   Section, Pub. L. 87649 Sept. 7, 1962 76 Stat. 461 section 6406 of Title 10 Statutory Notes and Related Subsidiaries Pension Continuation Provision Pub. L. 91482,  3 Oct. 21, 1970 84 Stat. 1082 Notwithstanding the first section of this Act [repealing this section and sections 4539, 4623, 5981, 6159, and 6406 of Title 10, Armed Forces], a person who is entitled to a pension under [former] section 6159 of title 10 Oct. 21, 1970  209. Members of precommissioning programs (a)  Senior ROTC Members in Advanced Training (1) Except when on active duty, a member of the Senior Reserve Officers Training Corps who is selected for advance training under section 2104 of title 10 (2) The Secretary of Defense shall prescribe by regulation the monthly rates for subsistence allowances provided under this section. The rate may not be less than $250 per month, but may not exceed $674 per month. (3) A subsistence allowance under this section may not be considered financial assistance requiring additional service within the meaning of the third sentence of section 6(d)(1) of the Military Selective Service Act ( 50 U.S.C. 3806(d)(1) (b)  Senior ROTC Members Appointed in Reserves Except when on active duty, a cadet or midshipman appointed under section 2107 of title 10 section 2104 of title 10 (c)  Nonscholarship Senior ROTC Members Not in Advanced Training A member of the Selected Reserve Officers Training Corps who has entered into an agreement under section 2103a of title 10 (d)  Pay While Attending Training or Practice Cruise Each cadet or midshipman in the Senior Reserve Officers Training Corps, while he is attending training or practice cruises under chapter 103 of title 10 if the training or cruise is of at least four weeks duration and must be completed before the cadet or midshipman is commissioned, and each applicant for membership in the Senior Reserve Officers Training Corps, while he is attending field training or practice cruises to satisfy the requirements of section 2104(b)(6)(B) of title 10 section 203(c) of this title section 203 of this title (e)  Members of Marine Corps Officer Candidate Program Except when serving on active duty, a member who is enrolled in a Marine Corps officer candidate program which requires a baccalaureate degree as a prerequisite to being commissioned as an officer and who is not enrolled in a program established under chapter 103 of title 10 or an academy established under chapter 403, 603, or 903 of title 10 may be paid a subsistence allowance at a monthly rate prescribed under subsection (a) for a member of the Senior Reserve Officers Training Corps who is selected for advanced training under section 2104 of title 10 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 461 Pub. L. 88647, title II,  202(2) Oct. 13, 1964 78 Stat. 1070 Pub. L. 8951,  3 June 28, 1965 79 Stat. 173 Pub. L. 89718,  51 Nov. 2, 1966 80 Stat. 1121 Pub. L. 92171,  1 Nov. 24, 1971 85 Stat. 490 Pub. L. 9579, title III,  302(a)(3) July 30, 1977 91 Stat. 326 Pub. L. 96342, title VIII,  811(a) Sept. 8, 1980 94 Stat. 1098 Pub. L. 96513, title V,  516(4) Dec. 12, 1980 94 Stat. 2938 Pub. L. 96579,  8 Dec. 23, 1980 94 Stat. 3368 Pub. L. 9894, title X,  1003(a)(4) Sept. 24, 1983 97 Stat. 656 Pub. L. 100456, div. A, title VI,  633(d) Sept. 29, 1988 102 Stat. 1987 Pub. L. 101189, div. A, title VI,  653(d) Nov. 29, 1989 103 Stat. 1462 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 103337, div. A, title VI,  603(a) Oct. 5, 1994 108 Stat. 2782 Pub. L. 10665, div. A, title V,  546(a) Oct. 5, 1999 113 Stat. 608 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title V,  535(b) Dec. 28, 2001 115 Stat. 1107 Pub. L. 107314, div. A, title X,  1062(g)(2) Dec. 2, 2002 116 Stat. 2651 Pub. L. 108136, div. A, title V,  523(a) Nov. 24, 2003 117 Stat. 1463 Pub. L. 114328, div. A, title X,  1081(b)(1)(B) Dec. 23, 2016 130 Stat. 2418        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  209(a) 10:6904(b). [None.] 209(b) 10:6905(b). [None.] 209(c) 10:6906(c) (1st sentence, as applicable to pay). [None.] Editorial Notes Amendments 2016Subsec. (a)(3). Pub. L. 114328 50 U.S.C. 3806(d)(1) 2003Subsecs. (c) to (e). Pub. L. 108136 2002Subsec. (d). Pub. L. 107314 Pub. L. 106398,  1 [[div. A] 2001Subsec. (c). Pub. L. 107107 section 203 of this title 2000Subsec. (a). Pub. L. 106398,  1 [[div. A] Subsec. (b). Pub. L. 106398,  1 [[div. A] Subsec. (c). Pub. L. 106398,  1 [[div. A] Subsec. (d). Pub. L. 106398,  1 [[div. A] Pub. L. 107314 Pub. L. 106398,  1 [[div. A] 1999Subsec. (a). Pub. L. 10665 1994Subsec. (a). Pub. L. 103337 1991Subsecs. (b) and (d). Pub. L. 10225 1989Subsec. (c). Pub. L. 101189 1988Subsec. (c). Pub. L. 100456 section 2109 of title 10 1983Subsec. (a). Pub. L. 9894 1980Subsec. (a). Pub. L. 96513 section 456(d)(1) of title 50 Subsec. (d). Pub. L. 96579 Sept. 30, 1982 Pub. L. 96342 1977 Pub. L. 9579,  302(a)(3)(B) Subsec. (c). Pub. L. 9579,  302(a)(3)(A) section 203(c) of this title section 201(c) of this title section 203 of this title 1971Subsec. (a). Pub. L. 92171,  1(1) Subsec. (b). Pub. L. 92171,  1(2) section 2104 of title 10 1966Subsec. (a). Pub. L. 89718,  51(1) section 2104 of title 10 section 456(d)(1) of title 50 Subsec. (c). Pub. L. 89718,  51(2) section 2104(b)(6)(B) of title 10 1965Subsec. (a). Pub. L. 8951 Subsec. (b). Pub. L. 8951 1964 Pub. L. 88647 section 2104 of title 10 section 456(d)(1) of title 50 section 2107 of title 10 section 2109 of title 10 section 201(c) of this title section 2104(b)(6)(B) of title 10 section 203 of this title section 6904 of title 10 section 6905 of title 10 section 6906 of title 10 Statutory Notes and Related Subsidiaries Effective Date of 2003 Amendment Amendment by Pub. L. 108136 Jan. 1, 2004 section 523(c) of Pub. L. 108136 section 2103a of Title 10 Effective Date of 2002 Amendment Pub. L. 107314, div. A, title X,  1062(g) Dec. 2, 2002 116 Stat. 2651 Oct. 30, 2000 Pub. L. 106398 Effective Date of 2000 Amendment Amendment by section 1 [[div. A], title VI,  612(b)] of Pub. L. 106398 Oct. 1, 2001 Pub. L. 106398 section 203 of this title Effective Date of 1999 Amendment Pub. L. 10665, div. A, title V,  546(b) Oct. 5, 1999 113 Stat. 608 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999 Effective Date of 1994 Amendment Pub. L. 103337, div. A, title VI,  603(b) Oct. 5, 1994 108 Stat. 2782  (1) Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall apply with respect to months beginning after August 31, 1995 (2) Upon the approval of the Secretary of Defense, the Secretary of a military department may implement such amendments at an earlier date with respect to members of the Senior Reserve Officers Training Corps under the jurisdiction of the Secretary if funds are available for the monthly subsistence allowances authorized by such amendments. Effective Date of 1988 Amendment Amendment by Pub. L. 100456 Sept. 30, 1988 section 633(e) of Pub. L. 100456 section 2109 of Title 10 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Effective Date of 1971 Amendment Pub. L. 92171,  2 Nov. 24, 1971 85 Stat. 490 The amendments made by this Act [amending this section] shall become effective on July 1, 1971 Effective Date of 1965 Amendment Amendment by Pub. L. 8951 Oct. 13, 1964 section 4 of Pub. L. 8951 section 2109 of Title 10 Subsistence Allowances for Members of the Marine Corps Officer Candidate Programs Pub. L. 92172 Nov. 24, 1971 85 Stat. 491 Pub. L. 94361, title VI,  604 July 14, 1976 90 Stat. 929 Pub. L. 9579, title VIII,  806 July 30, 1977 91 Stat. 334 Pub. L. 95485, title VIII,  803 Oct. 20, 1978 92 Stat. 1620 Sept. 30, 1980 Pub. L. 96342, title VIII,  811(b) Sept. 8, 1980 94 Stat. 1098  210. Pay of senior enlisted members during terminal leave and while hospitalized (a) A noncommissioned officer of an armed force who, immediately following the completion of service as the senior enlisted member of that armed force or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau, is placed on terminal leave pending retirement shall be entitled, for not more than 60 days while in such status, to the rate of basic pay authorized for the senior enlisted member of that armed force. (b) A noncommissioned officer of an armed force who is hospitalized and who, during or immediately before such hospitalization, completed service as the senior enlisted member of that armed force, shall continue to be entitled, for not more than 180 days while so hospitalized, to the rate of basic pay authorized for the senior enlisted member of that armed force. (c) In this section, the term senior enlisted member means the following: (1) The Sergeant Major of the Army. (2) The Master Chief Petty Officer of the Navy. (3) The Chief Master Sergeant of the Air Force. (4) The Sergeant Major of the Marine Corps. (5) The senior enlisted advisor of the Space Force. (6) The Master Chief Petty Officer of the Coast Guard. (Added Pub. L. 102190, div. A, title VI,  606(a) Dec. 5, 1991 105 Stat. 1374 Pub. L. 104201, div. A, title VI,  603(a) Sept. 23, 1996 110 Stat. 2540 Pub. L. 109163, div. A, title VI,  685(b) Jan. 6, 2006 119 Stat. 3325 Pub. L. 109364, div. A, title X,  1071(c)(1) Oct. 17, 2006 120 Stat. 2400 Pub. L. 113291, div. A, title VI,  603(b) Dec. 19, 2014 128 Stat. 3398 Pub. L. 116283, div. A, title IX,  925(d) Jan. 1, 2021 134 Stat. 3827  Editorial Notes Amendments 2021Subsec. (c)(5), (6). Pub. L. 116283 2014Subsec. (a). Pub. L. 113291,  603(b)(1) Subsec. (c)(6). Pub. L. 113291,  603(b)(2) 2006Subsec. (c)(6). Pub. L. 109364 Pub. L. 109163 1996 Pub. L. 104201,  603(b)(1) Subsecs. (b), (c). Pub. L. 104201,  603(a) Statutory Notes and Related Subsidiaries Effective Date of 2014 Amendment Amendment by Pub. L. 113291 Dec. 19, 2014 section 603(e) of Pub. L. 113291 section 1406 of Title 10  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 section 542 of Title 6  211. Participation in Thrift Savings Plan (a)  Definition In this section, the term member means (1) a member of the uniformed services serving on active duty; and (2) a member of the Ready Reserve in any pay status. (b)  Authority Any member may participate in the Thrift Savings Plan in accordance with section 8440e of title 5 (c)  Rule of Construction Regarding Separation For purposes of subchapters III and VII of chapter 84 of title 5, each of the following actions shall, in the case of a member participating in the Thrift Savings Plan in accordance with section 8440e of such title, be considered a separation from Government employment: (1) Release of the member from active duty, not followed, before the end of the 31-day period beginning on the day following the effective date of the release, by (A) a resumption of active duty; or (B) an appointment to a position covered by chapter 83 or 84 of title 5 or an equivalent retirement system, as identified by the Executive Director (appointed by the Federal Retirement Thrift Investment Board) in regulations. (2) Transfer of the member to inactive status, or to a retired list pursuant to any provision of title 10. (d)  Repayment of Amounts Borrowed From Member Account If a loan is issued to a member under section 8433(g) of title 5 section 1014(c) of this title (Added and amended Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 670 Pub. L. 109163, div. A, title VI,  605 Jan. 6, 2006 119 Stat. 3287 Pub. L. 110181, div. A, title VI,  605(b) Jan. 28, 2008 122 Stat. 146 Pub. L. 11492, div. A, title VI,  632(e)(1) Nov. 25, 2015 129 Stat. 847  Editorial Notes Amendments 2015Subsecs. (d), (e). Pub. L. 11492 2008Subsec. (e). Pub. L. 110181 2006Subsec. (d). Pub. L. 109163,  605(b) Subsec. (d)(1). Pub. L. 109163,  605(a)(1) Subsec. (d)(2) to (4). Pub. L. 109163,  605(a)(2) 1999Subsec. (d). Pub. L. 10665,  662 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment; Implementation Amendment by Pub. L. 11492 Jan. 1, 2018 section 635 of Pub. L. 11492 section 8432 of Title 5 Effective Date Section and amendment by Pub. L. 10665 Oct. 30, 2000 section 663 of Pub. L. 10665 section 8440e of Title 5 Pilot Program on Contributions to Thrift Savings Plan for Initial Enlistees in the Army Pub. L. 109163, div. A, title VI,  606 Jan. 6, 2006 119 Stat. 3287 Pub. L. 109364, div. A, title VI,  608 Oct. 17, 2006 120 Stat. 2247 Jan. 6, 2006 Dec. 31, 2008  212. Advancement of basic pay: members deployed in combat zone for more than one year (a)  Eligibility; Amount Advanced If a member of the armed forces is assigned to duty in an area for which special pay under section 310, or paragraph (1) or (3) of section 351(a), of this title is available and the assignment is pursuant to orders specifying an assignment of one year or more (or the assignment is extended beyond one year), the member may request, during the period of the assignment, the advanced payment of not more than three months of the basic pay of the member. (b)  Consideration of Request A request by a member described in subsection (a) for the advanced payment of a single month of basic pay shall be granted. The Secretary concerned may grant a members request for a second or third month of advanced basic pay during the assignment upon a showing of financial hardship. (c)  Recoupment of Advanced Pay The Secretary concerned shall recoup an advance made on the basic pay of a member under this section in equal installments over a one-year period beginning as provided in subsection (d). If the member is serving on active duty for any month during the recoupment period, the amount of the installment for the month shall be deducted from the basic pay of the member for that month. The estate of a deceased member shall not be required to repay any portion of the advanced pay paid to the member and not repaid before the death of the member. (d)  Commencement of Recoupment The recoupment period for an advancement of basic pay to a member under this section shall commence on the first day of the first month beginning on or after the date on which the member receives the advanced pay. (Added Pub. L. 108375, div. A, title VI,  606(a) Oct. 28, 2004 118 Stat. 1945 Pub. L. 114328, div. A, title VI,  618(h)(1) Dec. 23, 2016 130 Stat. 2160  Editorial Notes Amendments 2016Subsec. (a). Pub. L. 114328 CHAPTER 5 SPECIAL AND INCENTIVE PAYS    SUBCHAPTER IEXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES  Sec.  301. Incentive pay: hazardous duty.  301a. Incentive pay: aviation career.  301b. Special pay: aviation career officers extending period of active duty.  301c. Incentive pay: submarine duty.  301d. Multiyear retention bonus: medical officers of the armed forces.  301e. Multiyear retention bonus: dental officers of the armed forces.  302. Special pay: medical officers of the armed forces.  302a. Special pay: optometrists.  302b. Special pay: dental officers of the armed forces.  302c. Special pay: psychologists and nonphysician health care providers.  302c1. Special pay: accession and retention bonuses for psychologists.  302d. Special pay: accession bonus for registered nurses.  302e. Special pay: nurse anesthetists.  302f. Special pay: reserve, recalled, or retained health care officers.  302g. Special pay: Selected Reserve health care professionals in critically short wartime specialties.  302h. Special pay: accession bonus for dental officers.  302i. Special pay: pharmacy officers.  302j. Special pay: accession bonus for pharmacy officers.  302k. Special pay: accession bonus for medical officers in critically short wartime specialties.  302l. Special pay: accession bonus for dental specialist officers in critically short wartime specialties.  303. Special pay: veterinarians.  303a. Special pay: general provisions.  303b. Waiver of board certification requirements.  304. Special pay: diving duty.  305. Special pay: hardship duty pay.  305a. Special pay: career sea pay.  305b. Special pay: service as member of Weapons of Mass Destruction Civil Support Team.  306. Special pay: officers holding positions of unusual responsibility and of critical nature.  306a. Special pay: members assigned to international military headquarters.  307. Special pay: special duty assignment pay for enlisted members.  307a. Special pay: assignment incentive pay.  308. Special pay: reenlistment bonus.  [ 308a. Repealed.]  308b. Special pay: reenlistment bonus for members of the Selected Reserve.  308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve.  308d. Special pay: members of the Selected Reserve assigned to certain high priority units.  [ 308e 308f. Repealed.]  308g. Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve.  308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve.  308i. Special pay: prior service enlistment bonus.  308j. Special pay: affiliation bonus for officers in the Selected Reserve.  309. Special pay: enlistment bonus.  310. Special pay: duty subject to hostile fire or imminent danger.  [ 311. Repealed.]  312. Special pay: nuclear-qualified officers extending period of active service.  [ 312a. Repealed.]  312b. Special pay: nuclear career accession bonus.  312c. Special pay: nuclear career annual incentive bonus.  [ 313. Repealed.]  314. Special pay or bonus: qualified members extending duty at designated locations overseas.  315. Special pay: engineering and scientific career continuation pay.  316. Special pay: bonus for members with foreign language proficiency.  316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency.  317. Special pay: officers in critical acquisition positions extending period of active duty.  318. Special pay: special warfare officers extending period of active duty.  319. Special pay: surface warfare officer continuation pay.  320. Incentive pay: career enlisted flyers.  321. Special pay: judge advocate continuation pay.  [ 322 323. Renumbered.]  324. Special pay: accession bonus for new officers in critical skills.  325. Incentive bonus: savings plan for education expenses and other contingencies.  326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage.  327. Incentive bonus: transfer between armed forces.  [ 328. Repealed.]  329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments.  330. Special pay: accession bonus for officer candidates.  SUBCHAPTER IICONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES  331. General bonus authority for enlisted members.  332. General bonus authority for officers.  333. Special bonus and incentive pay authorities for nuclear officers.  334. Special aviation incentive pay and bonus authorities for officers.  334a. Special aviation incentive pay and bonus authorities: enlisted members who operate remotely piloted aircraft.  335. Special bonus and incentive pay authorities for officers in health professions.  336. Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers Training Corps.  351. Hazardous duty pay.  352. Assignment pay or special duty pay.  353. Skill incentive pay or proficiency bonus.  354. Special pay: 15-year career status bonus for members entering service on or after August 1, 1986  355. Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units.  356. Continuation pay: full TSP members with 8 to 12 years of service.  357. Incentive pay authorities for members of the reserve components of the armed forces.  SUBCHAPTER IIIGENERAL PROVISIONS  371. Relationship to other incentives and pays.  372. Continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action.  373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met.  374. Regulations.  Editorial Notes Amendments 2021 Pub. L. 11781, div. A, title VI,  602(b) Dec. 27, 2021 135 Stat. 1765 2017 Pub. L. 11591, div. A, title VI,  617(b) Dec. 12, 2017 131 Stat. 1426 2016 Pub. L. 114328, div. A, title VI,  647(b) Dec. 23, 2016 130 Stat. 2168 Pub. L. 114328, div. A, title VI,  633(d)(2) Dec. 23, 2016 130 Stat. 2163 Jan. 1, 2018 section 356 of title 37 section 633 of Pub. L. 114328 2015 Pub. L. 11492, div. A, title VI,  634(b) Nov. 25, 2015 129 Stat. 851 2013 Pub. L. 11366, div. A, title VI,  617(b) Dec. 26, 2013 127 Stat. 782 2011 Pub. L. 111383, div. A, title X,  1075(c)(2) Jan. 7, 2011 124 Stat. 4372 2008 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4489 Pub. L. 110181, div. A, title VI,  661(d) Jan. 28, 2008 122 Stat. 178 2006 Pub. L. 109364, div. A, title VI Oct. 17, 2006 120 Stat. 2251 l Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3297 2004 Pub. L. 108375, div. A, title VI Oct. 28, 2004 118 Stat. 1952 2003 Pub. L. 108136, div. A, title VI Nov. 24, 2003 117 Stat. 15051507 2002 Pub. L. 107314, div. A, title VI,  616(a)(2) Dec. 2, 2002 116 Stat. 2570 2001 Pub. L. 107107, div. A, title VI Dec. 28, 2001 115 Stat. 1140 2000 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 1999 Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 656 1998 Pub. L. 105261, div. A, title VI,  617(c)(2) Oct. 17, 1998 112 Stat. 2041 1997 Pub. L. 10585, div. A, title VI Nov. 18, 1997 111 Stat. 1789 1996 Pub. L. 104201, div. A, title VI,  615(c)(2) Sept. 23, 1996 110 Stat. 2546 Pub. L. 104106, div. A, title VI,  614(a)(2) Feb. 10, 1996 110 Stat. 361 1991 Pub. L. 102190, div. A, title VI Dec. 5, 1991 105 Stat. 13811383 Pub. L. 10225, title VII,  702(a)(1) Apr. 6, 1991 105 Stat. 117 1990 Pub. L. 101510, div. A, title VI Nov. 5, 1990 104 Stat. 1576 1989 Pub. L. 101189, div. A, title V,  505(a)(2) Nov. 29, 1989 103 Stat. 1438 1987 Pub. L. 100140,  2(b)(2) Oct. 26, 1987 101 Stat. 831 1986 Pub. L. 99661, div. A, title VI,  634(a)(2) Nov. 14, 1986 100 Stat. 3885 1985 Pub. L. 99145, title VI Nov. 8, 1985 99 Stat. 651 1984 Pub. L. 98525, title VI,  623(b)(2) Oct. 19, 1984 98 Stat. 2542 1983 Pub. L. 9894, title IX,  905(b)(2) Sept. 24, 1983 97 Stat. 664 1981 Pub. L. 9760, title I Oct. 14, 1981 95 Stat. 997 1980 Pub. L. 96579 Dec. 23, 1980 94 Stat. 3364 Pub. L. 96513, title V,  506(5) Dec. 12, 1980 94 Stat. 2919 Pub. L. 96342, title VIII Sept. 8, 1980 94 Stat. 1094 Pub. L. 96284 June 28, 1980 94 Stat. 589593 1979 Pub. L. 96107, title IV,  404(a)(2) Nov. 9, 1979 93 Stat. 808 1978 Pub. L. 95485, title IV,  404(b) Oct. 20, 1978 92 Stat. 1615 1977 Pub. L. 9579, title IV,  403(a)(2) July 30, 1977 91 Stat. 331 1976 Pub. L. 94356,  3 July 12, 1976 90 Stat. 901 1974 Pub. L. 93294,  2(3) May 31, 1974 88 Stat. 177 Pub. L. 93274,  1(1) May 6, 1974 88 Stat. 94 1972 Pub. L. 92581,  1(1) Oct. 27, 1972 86 Stat. 1277 1971 Pub. L. 92129, title II Sept. 28, 1971 85 Stat. 358 1969 Pub. L. 9120,  1(2) June 3, 1969 83 Stat. 13 1967 Pub. L. 90207,  1(2)(B) Dec. 16, 1967 81 Stat. 651 1963 Pub. L. 88132 Oct. 2, 1963 77 Stat. 216 SUBCHAPTER I EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES  301. Incentive pay: hazardous duty (a) Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c), for the performance of hazardous duty required by orders. In this subsection, the term hazardous duty means duty (1) involving frequent and regular participation in aerial flight as a crew member, as determined by the Secretary concerned, except for a member who is entitled to incentive pay under section 301a of this title (2) involving frequent and regular participation in aerial flight, not as a crew member under paragraph (1); (3) involving parachute jumping as an essential part of military duty; (4) involving the demolition of explosives as a primary duty, including training for that duty; (5) inside a high- or low-pressure chamber; (6) as a human acceleration or deceleration experimental subject; (7) as a human test subject in thermal stress experiments; (8) involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched; (9) involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria; (10) involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions); (11) involving regular participation as a member of a team conducting visit, board, search, and seizure operations aboard vessels in support of maritime interdiction operations; (12) involving use of ski-equipped aircraft on the ground in Antarctica or on the Arctic ice-pack; or (13) involving frequent and regular participation in aerial flight by a member who is serving as an air weapons controller crew member (as defined by the Secretary concerned) aboard an airborne warning and control system aircraft (as designated by such Secretary) and who is not entitled to incentive pay under section 301a of this title (b) For the performance of hazardous duty described in paragraph (1) of subsection (a), a member is entitled to monthly incentive pay as follows:     Pay Grade Monthly Rate  O10 $150 O9 150 O8 150 O7 150 O6 250 O5 250 O4 225 O3 175 O2 150 O1 150 W5 250 W4 250 W3 175 W2 150 W1 150 E9 240 E8 240 E7 240 E6 215 E5 190 E4 165 E3 150 E2 150 E1 150 (c) (1) For the performance of hazardous duty described in paragraphs (2) through (12) of subsection (a), a member is entitled to $150 a month. However, a member performing hazardous duty described in paragraph (3) of that subsection who also performs as an essential part of such duty parachute jumping in military free fall operations involving parachute deployment by the jumper without the use of a static line is entitled to $225 a month. (2) (A) For the performance of hazardous duty described in paragraph (13) of subsection (a), a member is entitled to monthly incentive pay based upon his years of service as an air weapons controller as follows:     Pay grade Years of service as an air weapons controller  2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 Over 12  O7 and above $200 $200 $200 $200 $200 $200 $200 $200 O6 225 250 300 325 350 350 350 350 O5 200 250 300 325 350 350 350 350 O4 175 225 275 300 350 350 350 350 O3 150 156 188 206 350 350 350 350 O2 150 156 188 206 250 300 300 300 O1 150 156 188 206 250 250 250 250 W4 200 225 275 300 325 325 325 325 W3 175 225 275 300 325 325 325 325 W2 150 200 250 275 325 325 325 325 W1 150 150 150 175 325 325 325 325 E9 200 225 250 275 300 300 300 300 E8 200 225 250 275 300 300 300 300 E7 175 200 225 250 275 275 275 300 E6 156 175 200 225 250 250 250 300 E5 150 156 175 188 200 200 200 250 E4 and below 150 156 175 188 200 200 200 200  Over Over Over Over Over Over Over  14 16 18 20 22 24 25 O7 and above $200 $200 $200 $200 $200 $200 $150  O6 350 350 350 300 250 250 225  O5 350 350 350 300 250 250 225  O4 350 350 350 300 250 250 225  O3 350 350 300 275 250 225 200  O2 300 300 275 245 210 200 180  O1 250 250 245 210 200 180 150  W4 325 325 325 276 250 225 200  W3 325 325 325 325 250 225 200  W2 325 325 325 275 250 225 200  W1 325 325 325 275 250 225 200  E9 300 300 300 275 230 200 200  E8 300 300 300 265 230 200 200  E7 300 300 300 265 230 200 200  E6 300 300 300 265 230 200 200  E5 250 250 250 225 200 175 150  E4 and below 200 200 200 175 150 150 150  (B) For purposes of this paragraph, the years of service of a member as an air weapons controller shall be computed, under regulations prescribed by the Secretary concerned, from the date the member begins training leading to a designation as an air weapons controller, but there shall be excluded from such computation any period of more than 90 days during which the member performs primary duties other than as an air weapons controller. (d) (1) In time of war, the President may suspend the payment of incentive pay for any hazardous duty described in subsection (a). (2) A member is entitled to not more than two payments of incentive pay, authorized by this section, for a period of time during which he qualifies for more than one payment of that pay. (e) A member of a uniformed service who is entitled to basic pay may be paid incentive pay under this subsection, at a monthly rate not to exceed $150, for any month during which the member performs duty involving regular participation as a firefighting crew member, as determined by the Secretary concerned. (f) (1) Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of a reserve component of a uniformed service, or of the National Guard, who is entitled to compensation under section 206 of this title 1 30 section 206(a) of this title section 204 of this title (2) (A) If in any calendar month a member performs duty as described in paragraph (1) and while entitled to basic pay also performs hazardous duty as described in the same paragraph of subsection (a) as constitutes the predicate for his entitlement under paragraph (1), the earned units of measuring entitlement for incentive pay under this section shall be combined. If the sum of units determined under the preceding sentence equals or exceeds the minimum standard prescribed by the President for entitlement to pay specified under subsections (b) and (c) for a member of corresponding grade who is entitled to basic pay for the entire relevant month, the member shall be entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by subsection (b) or (c) for the performance of that hazardous duty by a member of corresponding grade who is entitled to basic pay for the entire month. (B) A member who qualifies for entitlement under this paragraph is entitled to the increase for each day in the relevant month in which he is entitled to basic pay pursuant to section 204 of this title section 206 of this title (C) In this paragraph, the term units means the significant increments of performance prescribed as qualifying standards in regulations promulgated by the President pursuant to this section. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 461 Pub. L. 88132 Oct. 2, 1963 77 Stat. 215 Pub. L. 89149 Aug. 28, 1965 79 Stat. 585 Pub. L. 89278 Oct. 20, 1965 79 Stat. 1011 Pub. L. 89718,  52 Nov. 2, 1966 80 Stat. 1121 Pub. L. 92436, title VI,  605 Sept. 26, 1972 86 Stat. 740 Pub. L. 93294,  2(1) May 31, 1974 88 Stat. 177 Pub. L. 96343,  2(a) Sept. 8, 1980 94 Stat. 1123 Pub. L. 96513, title V,  516(5) Dec. 12, 1980 94 Stat. 2938 Pub. L. 96579,  3(a) Dec. 23, 1980 94 Stat. 3360 Pub. L. 9760, title I,  111(a) Oct. 14, 1981 95 Stat. 992 Pub. L. 9894, title IX,  903(a) Sept. 24, 1983 97 Stat. 635 Pub. L. 98525, title VI,  624(a) Oct. 19, 1984 98 Stat. 2542 Pub. L. 99145, title VI Nov. 8, 1985 99 Stat. 647 Pub. L. 99661, div. A, title XIII,  1342(a) Nov. 14, 1986 100 Stat. 3991 Pub. L. 10026,  8(d)(1) Apr. 21, 1987 101 Stat. 285 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102190, div. A, title VI,  614 Dec. 5, 1991 105 Stat. 1377 Pub. L. 104106, div. A, title VI,  615 Feb. 10, 1996 110 Stat. 361 Pub. L. 10585, div. A, title VI,  614 Nov. 18, 1997 111 Stat. 1786 Pub. L. 105261, div. A, title VI,  614(a) Oct. 17, 1998 112 Stat. 2039 Pub. L. 107107, div. A, title VI,  615(a) Dec. 28, 2001 115 Stat. 1136 Pub. L. 108136, div. A, title VI,  615(a) Nov. 24, 2003 117 Stat. 1502 Pub. L. 108375, div. A, title VI,  615 Oct. 28, 2004 118 Stat. 1948 Pub. L. 109364, div. A, title X,  1071(c)(2) Oct. 17, 2006 120 Stat. 2400        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  301(a) 301(b) 301(c) 37:235(a). 37:235(b). 37:235(c). Feb. 18, 1946, ch. 30 60 Stat. 20 301(d) 301(e) 301(f)   301(g) 37:235(d). 37:235(e). 37:301(d). 37:301(e) (as applicable to incentive pay). 37:118a1. Oct. 12, 1949, ch. 681 63 Stat. 809 Mar. 31, 1955, ch. 20,  2(4) 69 Stat. 1921 Aug. 28, 1957 Pub. L. 85208 71 Stat. 484 May 20, 1958 Pub. L. 85422,  1(6) 72 Stat. 124 June 30, 1960 Pub. L. 86559,  8 74 Stat. 282 July 12, 1960 Pub. L. 86635 74 Stat. 469 Aug. 17, 1961 Pub. L. 87145 75 Stat. 382 In subsection (a), the words is also entitled are substituted for the words shall, in addition thereto, be entitled. The words For the purposes of this subsection are inserted for clarity. The word competent is omitted as surplusage. In subsection (b), the words preceding the tables are substituted for section 235(b) (words preceding tables) of existing title 37. The words Years of service computed under section 205 are inserted in the tables for clarity. In subsection (f), the words a member of a reserve component of a uniformed service, or of the National Guard are substituted for the enumeration of the organizations concerned in section 301(d) of existing title 37. The words when . . . performs, under orders, any duty described in subsection (a)(1)(11) for members entitled to basic pay are substituted for the words when required by competent orders to perform any hazardous duty prescribed by or pursuant to section 235 of this title In subsection (g), the words entitled to incentive pay under section 301(a)(1) of this title Editorial Notes Amendments 2006Subsec. (f)(2)(C). Pub. L. 109364 2004Subsecs. (d), (e). Pub. L. 108375 2003Subsec. (a)(2). Pub. L. 108136,  615(c)(1) Subsec. (a)(11) to (13). Pub. L. 108136,  615(a) Subsec. (b). Pub. L. 108136,  615(c)(1) Subsec. (c)(1). Pub. L. 108136,  615(c)(2) Pub. L. 108136,  615(c)(1) Pub. L. 108136,  615(b)(1) Subsec. (c)(2)(A). Pub. L. 108136,  615(c)(1) Pub. L. 108136,  615(b)(2) Subsec. (f)(2)(A). Pub. L. 108136,  615(c)(1) 2001Subsec. (a)(11), (12). Pub. L. 107107,  615(a) Subsec. (c)(1). Pub. L. 107107,  615(b)(1) Subsec. (c)(2)(A). Pub. L. 107107,  615(b)(2) 1998Subsec. (b). Pub. L. 105261 1997Subsec. (b). Pub. L. 10585,  614(a)(2) Pub. L. 10585,  614(a)(1) Subsec. (c)(1). Pub. L. 10585,  614(c) Subsec. (c)(2)(A). Pub. L. 10585,  614(b) 1996Subsec. (a)(11). Pub. L. 104106,  615(a) Subsec. (c)(2)(A). Pub. L. 104106,  615(c)(1) Pub. L. 104106,  615(b) Subsec. (c)(2)(B). Pub. L. 104106,  615(c) 1991 Pub. L. 10225 Subsec. (b). Pub. L. 102190,  1111(d)(1) Subsec. (c)(1). Pub. L. 102190,  614 1987Subsec. (a). Pub. L. 10026,  8(e)(2)(A) Subsec. (b). Pub. L. 10026,  8(d)(1) Subsec. (f)(2)(C). Pub. L. 10026,  8(e)(2)(B) 1986Subsec. (a)(1). Pub. L. 99661 1985Subsec. (a)(1). Pub. L. 99145,  635(a)(1)(A) Subsec. (a)(10). Pub. L. 99145,  635(a)(1)(B) Subsec. (b). Pub. L. 99145,  635(a)(2) Subsec. (c)(1). Pub. L. 99145,  1303(b)(2) Pub. L. 99145,  635(a)(3) Subsec. (f). Pub. L. 99145,  647(a) section 204 of this title 1984Subsec. (a)(3). Pub. L. 98525,  624(a)(1) Subsec. (a)(4). Pub. L. 98525,  624(a)(1) Subsec. (a)(5). Pub. L. 98525,  624(a)(1) Subsec. (a)(6) to (13). Pub. L. 98525,  624(a)(1) Subsec. (c)(1). Pub. L. 98525,  624(a)(2) Subsec. (c)(2). Pub. L. 98525,  624(a)(3) 1983Subsec. (a)(12). Pub. L. 9894 1981Subsec. (a). Pub. L. 9760,  111(a) Subsec. (b). Pub. L. 9760,  111(b) Subsec. (c). Pub. L. 9760,  111(c) 1980Subsec. (a)(2). Pub. L. 96579,  3(a) section 301c(a)(5) of this title Pub. L. 96513,  516(5)(A) Subsec. (a)(3). Pub. L. 96579,  3(a) section 301c(a)(5) of this title Subsec. (a)(4) to (12). Pub. L. 96579,  3(a) Subsec. (b). Pub. L. 96579,  3(b) Pub. L. 96343 Subsec. (c). Pub. L. 96579,  3(c) Subsec. (f). Pub. L. 96513,  516(5)(C) 1974Subsec. (a)(1). Pub. L. 93294,  2(1) Subsec. (g). Pub. L. 93294,  2(2) section 301a of this title 1972Subsec. (a)(2)(A). Pub. L. 92436 1966Subsec. (a)(2). Pub. L. 89718 1965Subsec. (a)(2). Pub. L. 89278 Subsec. (a)(12). Pub. L. 89149,  1 Subsecs. (c), (f). Pub. L. 89149 1963Subsec. (a)(2). Pub. L. 88132,  6 Subsec. (a)(9). Pub. L. 88132,  7 Subsec. (e). Pub. L. 88132,  8 Statutory Notes and Related Subsidiaries Effective Date of 2003 Amendment Pub. L. 108136, div. A, title VI,  615(d) Nov. 24, 2003 117 Stat. 1502 Paragraph (12) of section 301(a) of title 37 October 1, 2003 Effective Date of 2001 Amendment Pub. L. 107107, div. A, title VI,  615(c) Dec. 28, 2001 115 Stat. 1136 Paragraph (11) of section 301(a) of title 37 January 1, 2002 Effective Date of 1998 Amendment Pub. L. 105261, div. A, title VI,  614(b) Oct. 17, 1998 112 Stat. 2040 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1998 Effective Date of 1991 Amendment Amendment by section 1111(d)(1) of Pub. L. 102190 Feb. 1, 1992 section 1132 of Pub. L. 102190 section 521 of Title 10 Effective Date of 1986 Amendment Pub. L. 99661, div. A, title XIII,  1342(h)(1) Nov. 14, 1986 100 Stat. 3992 The amendments made by subsections (a) through (d) [amending this section and section 302 of this title October 1, 1986 Nov. 14, 1986 Effective Date of 1985 Amendment Pub. L. 99145, title VI,  635(b) Nov. 8, 1985 99 Stat. 648 The amendments made by this section [amending this section] shall take effect on October 1, 1985 Pub. L. 99145, title VI,  647(b) Nov. 8, 1985 99 Stat. 655 The amendments made by subsection (a) [amending this section] shall apply to payments of incentive pay for hazardous duty performed after September 30, 1985 Effective Date of 1983 Amendment Pub. L. 9894, title IX,  903(b) Sept. 24, 1983 97 Stat. 635 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1983 Effective Date of 1981 Amendment Pub. L. 9760, title I,  111(d) Oct. 14, 1981 95 Stat. 994 The amendments made by this section [amending this section] shall take effect as of October 1, 1981 Effective Date of 1980 Amendment Amendment by Pub. L. 96579 Jan. 1, 1981 section 3(g) of Pub. L. 96579 section 301c of this title Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Pub. L. 96343,  2(c) Sept. 8, 1980 94 Stat. 1124 The amendments made by this section [amending this section] shall be effective with respect to incentive pay payable for months after August 1980. Effective Date of 1974 Amendment Amendment by Pub. L. 93294 June 1, 1974 section 6 of Pub. L. 93294 section 301a of this title Effective Date of 1963 Amendment Amendment by Pub. L. 88132 Oct. 1, 1963 section 14 of Pub. L. 88132 section 201 of this title Temporary Authority for Monthly Special Pay for Members of the Armed Forces Subject to Continuing Active Duty or Service Under Stop-Loss Authorities Pub. L. 11184, div. A, title VI,  620 Oct. 28, 2009 123 Stat. 2357  (a)  Special Pay Authorized The Secretary of the military department concerned may pay monthly special pay to any member of the Army, Navy, Air Force, or Marine Corps (including a member of a reserve component thereof) for any month, or portion of a month, in which the member serves on active duty in the Armed Forces, or has the members eligibility for retirement from the Armed Forces suspended, as described in subsection (b). (b)  Eligibility Requirements A member of the Armed Forces referred to in subsection (a) is eligible to receive special pay under this section if the member, at any time during the period beginning on October 1, 2009 June 30, 2011 (c)  Amount The amount of monthly special pay payable to a member under this section for a month may not exceed $500. (d)  Construction With Other Pays Monthly special pay payable to a member under this section is in addition to any other amounts payable to the member by law. Transitional Provisions Pub. L. 110181, div. A, title VI,  662 Jan. 28, 2008 122 Stat. 180  (a)  Implementation Plan. (1)  Development The Secretary of Defense shall develop a plan to implement subchapters II and III of chapter 5 of title 37, United States Code, as added by section 661(a), and to correspondingly transition all of the special and incentive pay programs for members of the uniformed services solely to provisions of such subchapters. (2)  Submission Not later than one year after the date of the enactment of this Act [ Jan. 28, 2008 (b)  Transition Period During a transition period of not more than 10 years beginning on the date of the enactment of this Act [ Jan. 28, 2008 (c)  Notice of Implementation of New Authorities Not less than 30 days before the date on which a special pay or bonus authority provided under subchapter II of chapter 5 of title 37, United States Code, as added by section 661(a), is first utilized, the Secretary of Defense shall submit to the congressional defense committees a notice of the implementation of the authority, including whether, as a result of implementation of the authority, a corresponding authority in subchapter I of such chapter, as designated by section 661(a), will no longer be used. (d)  Coordination The Secretary of Defense shall prepare the implementation plan in coordination with (1) the Secretary of Homeland Security, with respect to the Coast Guard; (2) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and (3) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration. (e)  No Effect on Fiscal Year Obligations During fiscal year 2008, obligations incurred under subchapters I, II, and III of chapter 5 of title 37, United States Code, as amended by section 661, to provide bonuses, incentive pays, special pays, and similar payments to members of the uniformed services under such subchapters may not exceed the obligations that would be incurred in the absence of the amendments made by such section. Retention Incentives Initiative for Critically Short Military Occupational Specialties Pub. L. 105261, div. A, title VI,  622 Oct. 17, 1998 112 Stat. 2042  (a)  Requirement for New Incentives The Secretary of Defense shall establish and provide for members of the Armed Forces qualified in critically short military occupational specialties a series of new incentives that the Secretary considers potentially effective for increasing the rates at which those members are retained in the Armed Forces for service in such specialties. (b)  Critically Short Military Occupational Specialties For the purposes of this section, a military occupational specialty is a critically short military occupational specialty for an Armed Force if the number of members retained in that Armed Force in fiscal year 1998 for service in that specialty is less than 50 percent of the number of members of that Armed Force that were projected to be retained in that Armed Force for service in the specialty by the Secretary of the military department concerned as of October 1, 1997 (c)  Incentives It is the sense of Congress that, among the new incentives established and provided under this section, the Secretary of Defense should include the following incentives: (1) Family support and leave allowances. (2) Increased special reenlistment or retention bonuses. (3) Repayment of educational loans. (4) Priority of selection for assignment to preferred permanent duty station or for extension at permanent duty station. (5) Modified leave policies. (6) Special consideration for Government housing or additional housing allowances. (d)  Relationship to Other Incentives Incentives provided under this section are in addition to any special pay or other benefit that is authorized under any other provision of law. (e)  Reports (1) Not later than December 1, 1998 (2) Not later than April 15, 1999 Persons Entitled To Receive Incentive Pay for Duty Involving Contact With Persons Afflicted With Leprosy Pub. L. 98525, title VI,  624(b) Oct. 19, 1984 98 Stat. 2542 A member of the uniformed services who is entitled on the day before the date of the enactment of this Act [ Oct. 19, 1984 Executive Documents  Executive Order No. 10152 Ex. Ord. No. 10152, Aug. 17, 1950 July 1, 1955 Oct. 24, 1956 Nov. 19, 1957 Nov. 10, 1960 Oct. 2, 1963 June 22, 1964  Executive Order No. 11157 Ex. Ord. No. 11157, June 22, 1964 Aug. 28, 1965 Oct. 20, 1965 Dec. 3, 1965 Aug. 1, 1966 Nov. 28, 1967 Aug. 29, 1968 June 14, 1969 Feb. 27, 1970 Apr. 23, 1971 Apr. 26, 1973 July 12, 1973 Jan. 13, 1976 July 26, 1976 Sept. 30, 1976 Nov. 1, 1978 Oct. 3, 1980 Jan. 16, 1981 Jan. 11, 1982 Sept. 15, 1981 Aug. 18, 1982 Jan. 1, 1981 Nov. 18, 1982 Oct. 1, 1981 May 11, 1983 Oct. 1, 1981 Sept. 27, 1984 Oct. 1, 1983 Dec. 6, 1984 Dec. 30, 1985 Jan. 1, 1986 Nov. 6, 1986 Oct. 1, 1985 Sept. 9, 1987 June 4, 1991 Oct. 28, 1994 Mar. 28, 2003  Ex. Ord. No. 13294. Regulations Relating to Hazardous Duty Incentive Pay, Aviation Career Incentive Pay, and Submarine Duty Incentive Pay Ex. Ord. No. 13294, Mar. 28, 2003 By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 301, 301a, and 301c of title 37, United States Code, and section 301 of title 3 Section Sec June 22, 1964 August 17, 1974 Sec  George W. Bush.  301a. Incentive pay: aviation career (a) (1) Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to aviation career incentive pay in the amount set forth in subsection (b) for the frequent and regular performance of operational or proficiency flying duty required by orders. (2) Aviation career incentive pay shall be restricted to regular and reserve officers who hold, or are in training leading to, an aeronautical rating or designation and who engage and remain in aviation service on a career basis. (3) Under regulations prescribed by the Secretary of Defense, the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, or the Secretary of Commerce and the Secretary of Health and Human Services with respect to members under their respective jurisdiction, an officer (except a flight surgeon or other medical officer) who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is entitled to continuous monthly incentive pay in the amount set forth in subsection (b) that is applicable to him. A flight surgeon or other medical officer who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is not entitled to continuous monthly incentive pay but is entitled to monthly incentive pay in the amounts set forth in subsection (b) for the frequent and regular performance of operational flying duty. (4) To be entitled to continuous monthly incentive pay, an officer must perform the prescribed operational flying duties (including flight training but excluding proficiency flying) for 8 of the first 12, and 12 of the first 18 years of the aviation service of the officer. However, if an officer performs the prescribed operational flying duties (including flight training but excluding proficiency flying) for at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer will be entitled to continuous monthly incentive pay for the first 22 years of aviation service of the officer. Entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of aviation service, but such an officer in a pay grade below pay grade O7 remains entitled to monthly incentive pay under subsection (b)(1) for the performance of operational flying duty. (5) If upon completion of either 12 or 18 years of aviation service it is determined that an officer has failed to perform the minimum prescribed operational flying duty requirements during the prescribed periods of time, his entitlement to continuous monthly incentive pay ceases. For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service. The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection. If at the completion of 12 years of aviation service entitlement to continuous monthly incentive pay ceases, entitlement to that pay may again commence at the completion of 18 years of aviation service upon completion of the minimum operational flying duty requirements, such pay to continue for a period of time as prescribed in accordance with this section. However, if entitlement to continuous monthly incentive pay ceases in the case of any officer at the completion of either 12 or 18 years of aviation service, such officer remains entitled to monthly incentive pay for the performance of subsequent operational or proficiency flying duties up to the maximum period of time prescribed in accordance with this section. (6) In this section: (A) The term aviation service means service performed by an officer (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation. (B) The term operational flying duty means flying performed under competent orders by rated or designated members while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation. (C) The term proficiency flying duty means flying performed under competent orders by rated or designated members while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties. (D) The term officer includes an individual enlisted, and designated, as an aviation cadet under section 8411 of title 10 (b) (1) A member who satisfies the requirements described in subsection (a) is entitled to monthly incentive pay as follows:     Years of aviation service (including flight training) as an officer: Monthly rate  2 or less $125 Over 2 $156 Over 3 $188 Over 4 $206 Over 6 $650 Over 14 $840 Over 22 $585 Over 23 $495 Over 24 $385 Over 25 $250 (2) An officer in a pay grade above O6 is entitled, until the officer completes 25 years of aviation service, to be paid at the rates set forth in the table in paragraph (1), except that (A) an officer in pay grade O7 may not be paid at a rate greater than $200 a month; and (B) an officer in pay grade O8 or above may not be paid at a rate greater than $206 a month. (3) For a warrant officer with over 22, 23, 24, or 25 years of aviation service who is qualified under subsection (a), the rate prescribed in the table in paragraph (1) for officers with over 14 years of aviation service shall continue to apply to the warrant officer. (4) An officer serving as an air battle manager who is entitled to aviation career incentive pay under this section and who, before becoming entitled to aviation career incentive pay, was entitled to incentive pay under section 301(a)(13) of this title (A) The rate otherwise applicable to the member under this subsection. (B) The rate at which the member was receiving incentive pay under section 301(c)(2)(A) of this title (c) In time of war, the President may suspend the payment of aviation career incentive pay. (d) Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of a reserve component of a uniformed service, or of the National Guard, who is entitled to compensation under section 206 of this title 1 30 section 206(a) of this title section 204 of this title (Added Pub. L. 93294,  2(3) May 31, 1974 88 Stat. 177 Pub. L. 94273,  3(21) Apr. 21, 1976 90 Stat. 377 Pub. L. 96343,  2(b) Sept. 8, 1980 94 Stat. 1124 Pub. L. 96513, title V,  516(6) Dec. 12, 1980 94 Stat. 2938 Pub. L. 9760, title I,  112(a) Oct. 14, 1981 95 Stat. 994 Pub. L. 99661, div. A, title VI,  632(a) Nov. 14, 1986 100 Stat. 3883 Pub. L. 10026,  8(e)(3) Apr. 21, 1987 101 Stat. 286 Pub. L. 101189, div. A, title VI,  631(a) Nov. 29, 1989 103 Stat. 1449 Pub. L. 101510, div. A, title XIII,  1322(c)(1) Nov. 5, 1990 104 Stat. 1672 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 10335, title II,  204(c) May 31, 1993 107 Stat. 102 Pub. L. 104106, div. A, title VI,  616 Feb. 10, 1996 110 Stat. 362 Pub. L. 10585, div. A, title VI,  615(a) Nov. 18, 1997 111 Stat. 1787 Pub. L. 105261, div. A, title VI,  615(a)(1) Oct. 17, 1998 112 Stat. 2040 Pub. L. 10665, div. A, title VI,  614(a) Oct. 5, 1999 113 Stat. 651 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 108375, div. A, title X,  1084(e)(1) Oct. 28, 2004 118 Stat. 2063 Pub. L. 109364, div. A, title X,  1046(a) Oct. 17, 2006 120 Stat. 2393 Pub. L. 115232, div. A, title VIII,  809(m)(2) Aug. 13, 2018 132 Stat. 1843  Editorial Notes Amendments 2018Subsec. (a)(6)(D). Pub. L. 115232 section 8411 of title 10 section 6911 of title 10 2006Subsec. (f). Pub. L. 109364 2004Subsec. (b)(4). Pub. L. 108375 2002Subsec. (a)(3). Pub. L. 107296 1999Subsec. (b)(4). Pub. L. 10665 1998Subsec. (a)(4). Pub. L. 105261,  615(c)(1)(A) section 205 of this title Subsec. (a)(6). Pub. L. 105261,  615(a)(1) Subsec. (b). Pub. L. 105261,  615(d) section 615 of Pub. L. 10585 Pub. L. 105261,  615(b) Subsec. (d). Pub. L. 105261,  615(c)(1)(B) 1997Subsec. (b)(1). Pub. L. 10585,  615(b) Pub. L. 10585,  615(a)      Over 14 840; and by striking out phase II of the table and inserting in lieu thereof the following:      Phase II  Years of service as an officer: Monthly rate  Over 22 585 Over 23 495 Over 24 385 Over 25 250, was repealed by Pub. L. 105261,  615(d) 1996Subsec. (a)(4). Pub. L. 104106,  616(a) Subsec. (a)(5). Pub. L. 104106,  616(b) 1993Subsec. (a)(4). Pub. L. 10335 Pub. L. 101189,  631(a)(1) 1991 Pub. L. 10225 1990Subsec. (e). Pub. L. 101510 (1) have 12 or 18 years of aviation service, and of those numbers, the number who are entitled to continuous monthly incentive pay under subsection (a) of this section; and (2) are performing operational flying duties, proficiency flying, and those not performing flying duties. 1989Subsec. (a)(4). Pub. L. 101189,  631(a) Pub. L. 10335,  204(c) Subsec. (a)(5). Pub. L. 101189,  631(b) Subsec. (b)(1). Pub. L. 101189,  631(c)(1) Subsec. (b)(2). Pub. L. 101189,  631(c)(2) Subsec. (f). Pub. L. 101189,  631(d) 1987Subsec. (a)(6). Pub. L. 10026 1986Subsec. (a)(6)(C). Pub. L. 99661,  632(a)(1) Subsec. (b)(1). Pub. L. 99661,  632(a)(2) 1981Subsec. (a)(4). Pub. L. 9760,  112(a) section 205 of this title Subsec. (b)(1), (2). Pub. L. 9760,  112(b) 1980Subsec. (a)(3). Pub. L. 96513 Subsec. (b)(1). Pub. L. 96343,  2(b)(1) Subsec. (b)(2). Pub. L. 96343,  2(b)(3) 1976Subsec. (e). Pub. L. 94273 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  614(b) Oct. 5, 1999 113 Stat. 651 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999 Effective Date of 1997 Amendment Pub. L. 10585, div. A, title VI,  615(c) Nov. 18, 1997 111 Stat. 1787 section 615(a) of Pub. L. 10585 Jan. 1, 1999 Pub. L. 105261, div. A, title VI,  615(d) Oct. 17, 1998 112 Stat. 2041 Effective Date of 1993 Amendment Pub. L. 10335, title II,  204(c) May 31, 1993 107 Stat. 102 Nov. 29, 1989 Effective Date of 1989 Amendment; Transition Pub. L. 101189, div. A, title VI,  631(e) Nov. 29, 1989 103 Stat. 1450  (e)  Effective Date (1) Except as provided in paragraph (2), the amendments made (A) by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act [ Nov. 29, 1989 (B) by subsections (a), (b), and (d) [amending this section] shall take effect on October 1, 1991 (2) The Secretary of a military department may delay, subject to the approval of the Secretary of Defense, the implementation of the amendments made by subsection (c) with respect to the department of that Secretary until such time as the Secretary concerned determines that implementation of those amendments is necessary to meet the needs of that department. (3) If the Secretary of a military department delays under paragraph (2) the implementation of the amendments made by subsection (c) beyond October 1, 1991 section 301a of title 37 (f)  Transition (1) An officer of a uniformed service who, as of the date the amendments made by subsections (a), (b), and (d) take effect with regard to the officers uniformed service (A) has completed years of aviation service in an amount equal to one of the number of years of aviation service specified in column 1 of the following table; and (B) has performed, or subsequently performs, the prescribed operational flying duties (including flight training but excluding proficiency flying) during the number of years of aviation service specified in column 2 of such table and corresponding to the number of years of aviation service applicable to the officer under column 1, shall be entitled to continuous monthly incentive pay at the rates provided in section 301a(b) of title 37       TABLE  COLUMN 1 COLUMN 2 COLUMN 3  Number of years of aviation service Number of years performing operational flying duty Entitlement to continuous monthly incentive pay through the following year of officer service  6 or more At least 6 of the first 12 years of aviation service 18 6 or more At least 9 but less than 11 of the first 18 years of aviation service 22 6 or more At least 6 of the first 12 and at least 11 of the first 18 years of aviation service 25 At least 6 but less than 12 Less than 6 and subsequently completes 6 of the first 12 and 9 of the first 15 years of aviation service 18 At least 12 but less than 18 Less than 9 and subsequently completes 9 of the first 18 years of aviation service 22 At least 12 but less than 18 Less than 11 and subsequently completes 11 of the first 18 years of aviation service 25 (2) For purposes of this subsection, the terms operational flying duty and proficiency flying duty have the meaning given to such terms in section 301a(a)(6) of title 37 Effective Date of 1986 Amendment Pub. L. 99661, div. A, title VI,  632(b) Nov. 14, 1986 100 Stat. 3883 The amendments made by subsection (a) [amending this section] shall apply only with respect to those members of the Armed Forces who are aviation cadets on or after the date of the enactment of this Act [ Nov. 14, 1986 section 301a of title 37 Effective Date of 1981 Amendment Pub. L. 9760, title I,  112(c) Oct. 14, 1981 95 Stat. 995 The amendments made by this section [amending this section] shall take effect as of October 1, 1981 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Effective Date Pub. L. 93294,  6 May 31, 1974 88 Stat. 180 This Act [enacting this section, amending section 301 of this title May 31, 1974 Monthly Incentive Pay for Certain Officers Entitled to Incentive Pay Under Section 301(a)(1) of This Title on May 31, 1973 Pub. L. 93294,  4 May 31, 1974 88 Stat. 179  Notwithstanding the amendments made by this Act [enacting this section and amending section 301 of this title section 301(a)(1) of title 37 May 31, 1973 June 1, 1974 (1) If he is credited with 6 or less years of aviation service as an officer, and with less than 12 years of service as an officer, he is entitled to monthly incentive pay either (A) in the amount he was receiving under section 301(b) of that title on May 31, 1973 June 1, 1974 May 31, 1973 (B) at the rate prescribed by section 301a(b) of that title, as added by this Act; whichever is greater. However, an officer who is promoted and assigned to pay grade O7 or above during the 36-month period following the effective date of this Act [ June 1, 1974 June 1, 1973 (2) If he is credited with more than 6 years of aviation service as an officer, or less than 6 years of aviation service but more than 12 years of service as an officer, he may receive monthly incentive pay at the rate prescribed in the table in section 301a(b) of title 37 June 1, 1974 The amount to which a reserve officer who is entitled to compensation under section 206 of title 37 Annual Report by Department of Defense Pub. L. 93294,  5 May 31, 1974 88 Stat. 180 A yearly report containing such data as necessary to monitor the progress of this bill [ Pub. L. 93294 Executive Documents  Delegation of Functions For delegation of authority under this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security when Coast Guard not serving as part of Navy, see section 1 of Ex. Ord. No. 13294, Mar. 28, 2003 section 301 of this title  Executive Order No. 11800 Ex. Ord. No. 11800, Aug. 17, 1974 Sept. 9, 1987 Feb. 28, 2003 Mar. 28, 2003 section 301 of this title  301b. Special pay: aviation career officers extending period of active duty (a)  Bonus Authorized An aviation officer described in subsection (b) who, during the period beginning on January 1, 1989 December 31, 2018 (b)  Covered Officers An aviation officer referred to in subsection (a) is an officer of a uniformed service who (1) is entitled to aviation career incentive pay under section 301a of this title (2) is in a pay grade below pay grade O7; (3) is qualified to perform operational flying duty; and (4) has completed any active duty service commitment incurred for undergraduate aviator training or is within one year of completing such commitment. (c)  Amount of Bonus The amount of a retention bonus paid under this section may not be more than $25,000 for each year covered by the written agreement to remain on active duty. (d)  Proration The term of an agreement under subsection (a) and the amount of the bonus under subsection (c) may be prorated as long as such agreement does not extend beyond the date on which the officer making such agreement would complete 25 years of aviation service. (e)  Payment of Bonus Upon the acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed and may be paid by the Secretary in either a lump sum or installments. (f)  Additional Pay A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled. (g)  Repayment An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title (h)  Regulations The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense. (i)  Reports (1) Not later than February 15 of each year, the Secretaries concerned shall submit to the Secretary of Defense a report analyzing the effect of the provision of retention bonuses to aviation officers during the preceding fiscal year on the retention of qualified aviators. (2) Not later than March 15 of each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies of the reports submitted to the Secretary under paragraph (1) with regard to the preceding fiscal year, together with such comments and recommendations as the Secretary considers appropriate. (j)  Definitions In this section: (1) The term aviation service means service performed by an officer (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation. (2) The term operational flying duty has the meaning given such term in section 301a(a)(6)(B) of this title (Added Pub. L. 96342, title VIII,  806(a)(i) Sept. 8, 1980 94 Stat. 1095 Pub. L. 9760, title I,  113 Oct. 14, 1981 95 Stat. 995 Pub. L. 9894, title IX,  904(a) Sept. 24, 1983 97 Stat. 635 Pub. L. 98525, title VI,  622(a) Oct. 19, 1984 98 Stat. 2540 Pub. L. 99145, title VI,  636 Nov. 8, 1985 99 Stat. 648 Pub. L. 99661, div. A, title VI,  631(a) Nov. 14, 1986 100 Stat. 3883 Pub. L. 100180, div. A, title VI,  622(a) Dec. 4, 1987 101 Stat. 1100 Pub. L. 101189, div. A, title VI,  632(a) Nov. 29, 1989 103 Stat. 1451 Pub. L. 102190, div. A, title VI,  612(a)(1) Dec. 5, 1991 105 Stat. 1376 Pub. L. 102484, div. A, title VI,  612(c) Oct. 23, 1992 106 Stat. 2421 Pub. L. 103160, div. A, title VI,  613(a) Nov. 30, 1993 107 Stat. 1681 Pub. L. 103337, div. A, title VI,  613(a) Oct. 5, 1994 108 Stat. 2783 Pub. L. 104106, div. A, title VI,  613(a) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  613(a) Sept. 23, 1996 110 Stat. 2544 Pub. L. 10585, div. A, title VI Nov. 18, 1997 111 Stat. 1786 Pub. L. 105261, div. A, title VI Oct. 17, 1998 112 Stat. 20392041 Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 650 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI Dec. 28, 2001 115 Stat. 1136 Pub. L. 107314, div. A, title VI,  614(a) Dec. 2, 2002 116 Stat. 2568 Pub. L. 108136, div. A, title VI,  614(a) Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI,  614(a) Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3295 Pub. L. 109364, div. A, title VI,  614(a) Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI,  614(a) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4485 Pub. L. 11184, div. A, title VI,  615(1) Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  615(1) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  615(1) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  615(1) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  615(1) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  615(1) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  615(1) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  615(1) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  615(1) Dec. 12, 2017 131 Stat. 1423  Editorial Notes Amendments 2017Subsec. (a). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (a). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (a). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (a). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (a). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (a). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (a). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (a). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (a). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  624(a) December 31, 2006 December 31, 2005 Subsec. (g). Pub. L. 109163,  687(b)(1) 2004Subsec. (a). Pub. L. 108375 December 31, 2005 December 31, 2004 2003Subsec. (a). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (a). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (a). Pub. L. 107107,  614(a) December 31, 2002 December 31, 2001 Subsec. (b)(4). Pub. L. 107107,  616(a) 2000Subsec. (a). Pub. L. 106398,  1 [[div. A] December 31, 2001 December 31, 2000 Subsec. (j)(2). Pub. L. 106398,  1 [[div. A] 1999Subsec. (a). Pub. L. 10665,  613(a) December 31, 2000 December 31, 1999 Subsec. (b)(2). Pub. L. 10665,  615(a)(1) Subsec. (b)(3). Pub. L. 10665,  615(a)(4) Pub. L. 10665,  615(a)(2) Subsec. (b)(4). Pub. L. 10665,  615(a)(4) Pub. L. 10665,  615(a)(3) Subsec. (b)(5). Pub. L. 10665,  615(a)(1) Subsec. (b)(6). Pub. L. 10665,  615(a)(4) Subsec. (c). Pub. L. 10665,  615(b) (1) $25,000 for each year covered by the written agreement, if the officer agrees to remain on active duty to complete 14 years of commissioned service; or (2) $12,000 for each year covered by the written agreement, if the officer agrees to remain on active duty for one, two, or three years. Subsec. (d). Pub. L. 10665,  615(c) Subsec. (g)(3). Pub. L. 10665,  615(f) January 1, 1989 Subsec. (i)(1). Pub. L. 10665,  615(d) (A) a comparison of the cost of paying bonuses to officers who enter into an agreement for the period referred to in subsection (c)(1) with the cost of paying bonuses to officers who enter into an agreement for a period referred to in subsection (c)(2); and (B) a description of the increase in the retention of qualified aviators as a result of the program. Subsec. (i)(2). Pub. L. 10665,  1067(2) Subsec. (j)(2) to (4). Pub. L. 10665,  615(e) (2) The term aviation specialty means a specific community of pilots identified by type of aircraft or weapon system or a specific community of other designated aeronautical officers so identified. (3) The term critical aviation specialty means an aviation specialty in which there exists a shortage of officers on the date of designation under subsection (b). 1998Subsec. (a). Pub. L. 105261,  613(a) December 31, 1999 September 30, 1999 Subsec. (b)(5). Pub. L. 105261,  615(c)(2) Subsec. (j)(1). Pub. L. 105261,  615(a)(2) 1997Subsec. (a). Pub. L. 10585,  613(a) September 30, 1999 September 30, 1998 Subsec. (c)(1). Pub. L. 10585,  616(a)(1) Subsec. (c)(2). Pub. L. 10585,  616(a)(2) Subsec. (i)(1). Pub. L. 10585,  616(c) Subsec. (j)(2). Pub. L. 10585,  616(d) 1996Subsec. (a). Pub. L. 104201 September 30, 1998 September 30, 1997 Pub. L. 104106,  613(a) September 30, 1997 September 30, 1995 Subsec. (i)(2). Pub. L. 104106,  1502(b) 1994Subsec. (a). Pub. L. 103337 September 30, 1995 September 30, 1994 1993Subsec. (a). Pub. L. 103160 September 30, 1994 September 30, 1993 1992Subsec. (a). Pub. L. 102484,  612(c) September 30, 1993 September 30, 1992 Subsecs. (j), (k). Pub. L. 102484,  1054(a)(1) (j) Limitation on Payments for Fiscal Year (2) The total amount of payments made under this section to officers of the Navy during fiscal year 1990 may not exceed $30,000,000. 1991Subsec. (a). Pub. L. 102190 1989 Pub. L. 101189 1987Subsec. (a). Pub. L. 100180,  622(a)(1) (5) executes a written agreement to remain on active duty in aviation service for at lest one year; and (6) is in an aviation specialty designated as critical; may, upon the acceptance of the written agreement by the Secretary of Defense or the Secretary of Transportation, as applicable, be paid an amount not to exceed the product of four months basic pay (computed at the rate applicable to the officer at the time the agreement is executed) and the number of years (or the monthly fractions thereof) that the officer agrees to remain on active duty under the agreement. An agreement under this section may not extend beyond the date on which the officer would complete 19 years of aviation service. Subsec. (e). Pub. L. 100180,  621(a)(2) Oct. 1, 1987 Sept. 30, 1989 Oct. 1, 1983 Sept. 30, 1987 Sept. 30, 1981 Subsec. (f). Pub. L. 100180,  622(a)(3) September 30, 1989 September 30, 1987 1986Subsec. (e)(3). Pub. L. 99661,  631(a)(1) Subsec. (e)(4). Pub. L. 99661,  631(a)(2) section 301 of this title 1985Subsecs. (e)(2), (3), (f). Pub. L. 99145 September 30, 1987 September 30, 1985 1984Subsec. (e)(2). Pub. L. 98525,  622(a)(1) October 1, 1984 September 30, 1985 October 1, 1983 September 30, 1984 Subsec. (e)(3). Pub. L. 98525,  622(a)(2) September 30, 1985 September 30, 1984 Subsec. (f). Pub. L. 98525,  622(a)(2) September 30, 1985 September 30, 1984 1983Subsec. (e)(2). Pub. L. 9894,  904(a)(1) October 1, 1983 September 30, 1984 September 30, 1982 Subsec. (e)(3), (4). Pub. L. 9894,  904(a)(1) Subsec. (f). Pub. L. 9894,  904(a)(2) September 30, 1984 September 30, 1982 1981Subsecs. (e), (f). Pub. L. 9760 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  615(g) Oct. 5, 1999 113 Stat. 651 The amendments made by this section [amending this section] shall take effect on October 1, 1999 Effective Date of 1997 Amendment Pub. L. 10585, div. A, title VI,  616(e) Nov. 18, 1997 111 Stat. 1787 The amendments made by this section [amending this section] shall take effect as of October 1, 1996 section 301b of title 37 Effective Date of 1987 Amendment Pub. L. 100180, div. A, title VI,  622(b) Dec. 4, 1987 101 Stat. 1101  (1) The amendments made by subsection (a) to subsections (a), (e), and (f) of section 301b of title 37 October 1, 1987 (2) Such amendments shall not affect an agreement entered into under such section as in effect on September 30, 1987 Effective Date of 1986 Amendment Pub. L. 99661, div. A, title VI,  631(b) Nov. 14, 1986 100 Stat. 3883 The amendments made by subsection (a) [amending this section] shall apply to payments made for periods beginning after the date of the enactment of this Act [ Nov. 14, 1986 section 301b of title 37 Effective Date of 1985 Amendment Pub. L. 99145, title VI,  636 Nov. 8, 1985 99 Stat. 648 Oct. 1, 1985 Effective Date of 1984 Amendment Pub. L. 98525, title VI,  622(a) Oct. 19, 1984 98 Stat. 2540 Oct. 1, 1984 Effective Date Pub. L. 96342, title VIII,  806(b) Sept. 8, 1980 94 Stat. 1096 Agreements may not be entered into under section 301b of title 37 October 1, 1980 Savings Provision For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Termination of Reporting Requirements For termination, effective Dec. 31, 2021 section 1061 of Pub. L. 114328 section 111 of Title 10 Air Force Rated Officer Retention Demonstration Program Pub. L. 117263, div. A, title VI,  604 Dec. 23, 2022 136 Stat. 2621  (a)  Program Requirement The Secretary shall establish and carry out within the Department of the Air Force a demonstration program to assess and improve retention on active duty in the Air Force of rated officers described in subsection (b). (b)  Rated Officers Described Rated officers described in this subsection are rated officers serving on active duty in the Air Force, excluding rated officers with a reserve appointment in the Air National Guard or Air Force Reserve (1) whose continued service on active duty would be in the best interest of the Department of the Air Force, as determined by the Secretary; and (2) who have not more than three years and not less than one year remaining on an active duty service obligation under section 653 of title 10 (c)  Written Agreement. (1)  In general Under the demonstration program required under subsection (a), the Secretary shall offer retention incentives under subsection (d) to a rated officer described in subsection (b) who executes a written agreement to remain on active duty in a regular component of the Air Force for not less than four years after the completion of the active duty service obligation of the officer under section 653 of title 10 (2)  Exception If the Secretary of the Air Force determines that an assignment previously guaranteed under subsection (d)(1) to a rated officer described in subsection (b) cannot be fulfilled, the agreement of the officer under paragraph (1) to remain on active duty shall expire not later than one year after that determination. (d)  Retention Incentives. (1)  Guarantee of future assignment location Under the demonstration program required under subsection (a), the Secretary may offer to a rated officer described in subsection (b) a guarantee of future assignment locations based on the preference of the officer. (2)  Aviation bonus Under the demonstration program required under subsection (a), notwithstanding section 334(c) of title 37 (3)  Combination of incentives The Secretary may offer to a rated officer described in subsection (b) a combination of incentives under paragraphs (1) and (2). (e)  Annual Briefing Not later than December 31, 2023 (f)  Definitions In this section: (1)  Rated officer The term rated officer means an officer specified in section 9253 of title 10 (2)  Secretary The term Secretary means the Secretary of the Air Force. (g)  Termination This section shall terminate on December 31, 2028 Payment of Bonus to Aviation Officers Killed in Persian Gulf War Before Completion of Service Pub. L. 102172, title VIII,  8135 Nov. 26, 1991 105 Stat. 1212 Pub. L. 105277, div. C, title I,  148 Oct. 21, 1998 112 Stat. 2681610  (a) Notwithstanding any provision of section 301b of title 37 section 611 of Public Law 100456 Nov. 26, 1991 (b) An officer to whom subsection (a) applies is an aviation officer who died as a result of flight operations on or after August 2, 1990 26 U.S.C. 112 section 301b of title 37 section 611 of Public Law 100456 Agreements Entered Into Under Former Law Pub. L. 101189, div. A, title VI,  632(c) Nov. 29, 1989 103 Stat. 1453  (1) The amendment made by subsection (a) [amending this section] shall not affect an agreement entered into under section 301b of title 37 September 30, 1989 (2) For pay periods beginning after September 30, 1989 October 1, 1987 Coverage of Period of Lapsed Authority Pub. L. 104106, div. A, title VI,  613(i) Feb. 10, 1996 110 Stat. 360  (1) In the case of an officer described in section 301b(b) of title 37 Feb. 10, 1996 October 1, 1995 (2) An agreement referred to in this subsection is a service agreement with the Secretary concerned that is a condition for the payment of a retention bonus under section 301b of title 37 (3) For purposes of this subsection, the term Secretary concerned has the meaning given that term in section 101(5) of title 37 Pub. L. 103160, div. A, title VI,  613(i) Nov. 30, 1993 107 Stat. 1682  (1) In the case of an officer described in paragraph (2) who executes an agreement described in paragraph (3) during the 90-day period beginning on the date of the enactment of this Act [ Nov. 30, 1993 section 302 of this title October 1, 1993 (2) An officer referred to in paragraph (1) is an officer described in section 301b(b) of title 37 Pub. L. 100456 37 U.S.C. 302 October 1, 1993 October 1, 1993 (3) An agreement referred to in this subsection is a service agreement with the Secretary concerned that is a condition for the payment of a retention bonus under section 301b of title 37 37 U.S.C. 302 (4) For purposes of this subsection, the term Secretary concerned has the meaning given that term in section 101(5) of title 37 Pub. L. 102484, div. A, title VI,  612(j)(2) Oct. 23, 1992 106 Stat. 2421  (A) In the case of a person described in subparagraph (B) who executes an agreement described in subparagraph (C) during the 90-day period beginning on the date of the enactment of this Act [ Oct. 23, 1992 October 1, 1992 (B) A person referred to in subparagraph (A) is a person who, during the period beginning on October 1, 1992 October 1, 1992 (C) An agreement referred to in this paragraph is an agreement with the Secretary concerned for the payment of a bonus or special pay under section 301b, 302d, 302e, 308, 308a, 308b, 308c, 308e, 308h, or 308i of title 37, United States Code, or section 2130a of title 10 (D) For purposes of this paragraph, the term Secretary concerned has the meaning given that term in section 101(5) of title 37 Pub. L. 102190, div. A, title VI,  612(a)(2) Dec. 5, 1991 105 Stat. 1376  (A) In the case of an officer described in subparagraph (B) who executes an agreement under section 301b of such title [ 37 U.S.C. 301b Dec. 5, 1991 October 1, 1991 (B) An officer referred to in subparagraph (A) is an officer who, during the period beginning on October 1, 1991 October 1, 1991 (C) For purposes of this paragraph, the term Secretary concerned has the meaning given that term in section 101(5) of title 37 Pub. L. 101189, div. A, title VI,  632(d) Nov. 29, 1989 103 Stat. 1453  (1) In the case of an aviation officer described in paragraph (2) who executes an agreement under section 301b of title 37 Nov. 29, 1989 October 1, 1989 (2) An aviation officer referred to in paragraph (1) is an officer who, during the period beginning on October 1, 1989 October 1, 1989 (3) For purposes of this subsection, the term Secretary concerned has the meaning given that term by section 101(5) of title 37 Aviator Retention Bonus Pub. L. 100456, div. A, title VI,  611 Sept. 29, 1988 102 Stat. 1977 Pub. L. 101189, div. A, title VI,  632(b) Nov. 29, 1989 103 Stat. 1453 Jan. 1, 1989 Sept. 30, 1989 Special Pay as Inducement To Remain on Active Duty; Report to Congress Pub. L. 9894, title IX,  904(b) Sept. 24, 1983 97 Stat. 636  (1) It is the sense of the Congress that eligibility for special pay for aviation career officers under section 301b of title 37 (2) The Secretary of the Navy shall submit to the Congress not later than July 1, 1984 section 301b of title 37 (A) a list of the specific aviation specialties by aircraft type determined to be critical for purposes of the payment of special pay under such section since the date of the enactment of this Act; (B) the number of officers within each critical aviation specialty who received the special pay under such section since the date of the enactment of this Act by grade, years of prior active service, and amounts of special pay received under such section; (C) an explanation and justification for the Secretarys designation of an aviation specialty as critical and for the payment of special pay under section 301b of such title to officers who have more than eight years of prior active service and who are serving in pay grade O4 or above, if payment of such pay was made to such officers; and (D) an evaluation of the progress made since the date of the enactment of this Act toward eliminating shortages of aviators in the aviation specialties designated by the Secretary as critical.  301c. Incentive pay: submarine duty (a)  Eligibility Requirements (1) Subject to regulations prescribed by the President, a member of the naval service who is entitled to basic pay, and (A) holds (or is in training leading to) a submarine duty designator, (B) is in and remains in the submarine service on a career basis, and (C) meets the requirements of paragraph (3), is entitled to continuous monthly submarine duty incentive pay in the amount prescribed pursuant to subsection (b). (2) Subject to regulations prescribed by the President, a member of the naval service who is entitled to basic pay but is not entitled to continuous monthly submarine duty incentive pay under paragraph (1) is entitled to submarine duty incentive pay in the amount prescribed pursuant to subsection (b) for any period during which such member performs frequent and regular operational submarine duty (as defined in paragraph (5)) required by orders. (3) To be entitled to continuous monthly submarine duty incentive pay through 26 years of service (as computed under section 205 of this title section 205 of this title (4) If upon completion of either 12 or 18 years of submarine service it is determined that a member has failed to perform the minimum prescribed operational submarine duty requirements during the prescribed periods of time, his entitlement to continuous monthly submarine duty incentive pay ceases. If entitlement to continuous monthly submarine duty incentive pay ceases upon completion of 12 years of submarine service, entitlement to that pay may again commence upon completion of 18 years of submarine service if the minimum operational submarine duty requirements have been met, and such pay shall continue for the period of time prescribed in accordance with this section. However, if entitlement to continuous monthly submarine duty incentive pay ceases in the case of any member at the completion of either 12 or 18 years of submarine service or 26 years of service (as computed under section 205 of this title (5) In this section: (A) The term operational submarine duty means duty (i) while attached under competent orders to a submarine, while serving as an operator or crew member of an operational submersible (including an undersea exploration or research vehicle), while undergoing training preliminary to assignment to a nuclear-powered submarine, while undergoing rehabilitation after assignment to a nuclear-powered submarine, or, in the case of a member qualified in submarines, while attached as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations (I) during one calendar month: 48 hours, except that hours served underway in excess of 48 as a member of a submarine operational command staff during any of the immediately preceding five calendar months and not already used to qualify for incentive pay may be applied to satisfy the underway time requirements for the current month; (II) during any two consecutive calendar months when the requirements of subclause (I) of this clause have not been met: 96 hours; or (III) during any three consecutive calendar months when the requirements of subclause (II) of this clause have not been met: 144 hours; (ii) while receiving instruction to prepare for assignment to a submarine of advanced design, or (iii) while receiving instruction to prepare for a position of increased responsibility on a submarine. (B) The term submarine service means the service performed, under regulations prescribed by the Secretary of the Navy, by a member, and the years of submarine service are computed beginning with the effective date of the initial order to perform submarine service. (b)  Monthly Rates The Secretary of the Navy shall prescribe the monthly rates of submarine duty incentive pay, except that the maximum monthly rate may not exceed $1,000. (c)  Exceptions (1) An officer who fails of selection for assignment as an executive officer or commanding officer of a submarine or who declines to serve in either such position may not be paid submarine duty incentive pay except for periods during which the officer is serving on a submarine during underway operations. (2) An enlisted member may not be paid continuous submarine duty incentive pay while serving ashore between submarine sea duty assignments unless the member has a sufficient period of enlistment (including any extension of an enlistment) remaining to be reassigned to submarine sea duty. (d)  Applicability to Certain Navy Reserve Duty Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of the Navy Reserve who is entitled to compensation under section 206 of this title (Added Pub. L. 96579,  3(d) Dec. 23, 1980 94 Stat. 3360 Pub. L. 9739, title VII,  701(a) Aug. 14, 1981 95 Stat. 942 Pub. L. 9760, title I,  114 Oct. 14, 1981 95 Stat. 995 Pub. L. 99145, title VI,  633(a) Nov. 8, 1985 99 Stat. 646 Pub. L. 10026,  8(e)(4) Apr. 21, 1987 101 Stat. 286 Pub. L. 100180, div. A, title VI,  623(a) Dec. 4, 1987 101 Stat. 1101 Pub. L. 100224,  5(a)(2) Dec. 30, 1987 101 Stat. 1538 Pub. L. 100456, div. A, title XII,  1233 l Sept. 29, 1988 102 Stat. 2058 Pub. L. 101510, div. A, title XIII,  1322(c)(1) Nov. 5, 1990 104 Stat. 1672 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102190, div. A, title XI,  1111(d)(2) Dec. 5, 1991 105 Stat. 1492 Pub. L. 107107, div. A, title VI,  617(a) Dec. 28, 2001 115 Stat. 1137 Pub. L. 109163, div. A, title V,  515(d)(1)(D) Jan. 6, 2006 119 Stat. 3236  Editorial Notes Amendments 2006Subsec. (d). Pub. L. 109163 2001Subsec. (a). Pub. L. 107107,  617(b)(1) Subsec. (b). Pub. L. 107107,  617(a) Subsec. (c). Pub. L. 107107,  617(b)(2) Subsec. (d). Pub. L. 107107,  617(b)(3) 1991 Pub. L. 10225 Subsec. (b). Pub. L. 102190 1990Subsec. (e). Pub. L. 101510 (1) the number of enlisted members and officers, by pay grade, who, during the preceding fiscal year, had at least 12 but less than 18 years of submarine service and who were entitled to continuous monthly submarine duty incentive pay under subsection (a) of this section; and (2) the number of enlisted members and officers, by pay grade, who, during such fiscal year, had at least 18 years of submarine service and who were entitled to such incentive pay. The Secretary shall include in each such report the number of enlisted members and the number of officers in each category referred to in the first sentence of this subsection, the number of such officers who, during the fiscal year concerned, were performing operational submarine duties, who were performing submarine command staff duties, and who were not performing submarine duties at all. 1988Subsec. (a). Pub. L. 100456 Pub. L. 100180,  623(a) 1987Subsec. (a)(1), (2). Pub. L. 100180,  623(a) Pub. L. 100456 Subsec. (a)(5). Pub. L. 10026 Subsec. (b). Pub. L. 100224 Pub. L. 100180,  623(b) Pub. L. 100180,  623(b) 1985Subsec. (b). Pub. L. 99145 1981Subsec. (a)(1). Pub. L. 9739,  701(a) Subsec. (a)(2). Pub. L. 9739,  701(a) Subsec. (a)(3), (4). Pub. L. 9760 section 205 of this title Subsec. (a)(5)(A)(i). Pub. L. 9739,  701(b) Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by Pub. L. 102190 Feb. 1, 1992 section 1132 of Pub. L. 102190 section 521 of Title 10 Effective Date of 1988 Amendment Amendment by Pub. L. 100456 Pub. L. 100180 l Pub. L. 100456 section 4172 of Title 10 Effective Date of 1987 Amendment Pub. L. 100180, div. A, title VI,  623(c) Dec. 4, 1987 101 Stat. 1103  (1) Subject to paragraph (2), the amendments made by this section [amending this section] shall take effect on the first day of the first month beginning after the date of the enactment of this Act [ Dec. 4, 1987 (2) The amendments made by this section shall take effect only if legislation as described in section 3(c) is enacted [ section 3(c) of Pub. L. 100180 Effective Date of 1985 Amendment Pub. L. 99145, title VI,  633(b) Nov. 8, 1985 99 Stat. 646 The amendment made by this section [amending this section] shall take effect on October 1, 1985 Effective Date of 1981 Amendment Pub. L. 9739, title VII,  701(c) Aug. 14, 1981 95 Stat. 942 The amendments made by this section [amending this section] shall take effect as of January 1, 1981 Effective Date Pub. L. 96579,  3(g) Dec. 23, 1980 94 Stat. 3364 The amendments made by this subsection [probably means section 3 of Pub. L. 96579 Transition Provisions Pub. L. 107107, div. A, title VI,  617(c) Dec. 28, 2001 115 Stat. 1137  The tables set forth in subsection (b) of section 301c of title 37 Dec. 28, 2001 (1)  January 1, 2002 (2) The date on which the Secretary of the Navy prescribes new submarine duty incentive pay rates as authorized by the amendment made by subsection (a) [amending this section]. Executive Documents  Delegation of Functions For delegation of authority under this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security when Coast Guard not serving as part of Navy, see section 1 of Ex. Ord. No. 13294, Mar. 28, 2003 section 301 of this title  301d. Multiyear retention bonus: medical officers of the armed forces (a)  Bonus Authorized (1) A medical officer described in subsection (b) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department concerned, be paid a retention bonus as provided in this section. (2) The amount of a retention bonus under paragraph (1) may not exceed $75,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment. (b)  Eligible Officers This section applies to an officer of the armed forces who (1) is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer; (2) is in a pay grade below pay grade O7; (3) has at least eight years of creditable service (computed as described in section 302(g) of this title (4) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into an agreement under subsection (a)). (c)  Repayment An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title (Added Pub. L. 101510, div. A, title VI,  611(a)(1) Nov. 5, 1990 104 Stat. 1576 Pub. L. 102484, div. A, title X,  1054(a)(2) Oct. 23, 1992 106 Stat. 2502 Pub. L. 107314, div. A, title VI,  615(a) Dec. 2, 2002 116 Stat. 2568 Pub. L. 109163, div. A, title VI,  687(b)(2) Jan. 6, 2006 119 Stat. 3327 Pub. L. 110181, div. A, title VI,  615(b) Jan. 28, 2008 122 Stat. 150  Editorial Notes Amendments 2008Subsec. (a)(2). Pub. L. 110181 2006Subsec. (c). Pub. L. 109163 2002Subsec. (a)(2). Pub. L. 107314 1992Subsec. (c)(2). Pub. L. 102484,  1054(a)(2)(A) Subsec. (c)(3). Pub. L. 102484,  1054(a)(2)(B) November 5, 1990 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Pub. L. 110181, div. A, title VI,  615(c) Jan. 28, 2008 122 Stat. 150 The amendments made by this section [amending this section and section 302 of this title Jan. 28, 2008 Savings Provision For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Application of Increase Pub. L. 107314, div. A, title VI,  615(i) Dec. 2, 2002 116 Stat. 2569 In the case of an amendment made by this section [amending sections 301d, 301e, 302, 302a, 302d, 302e, and 302i of this title and section 2130a of Title 10 September 30, 2002 Eligibility of Flag and General Officers for Multiyear Retention Bonus for Medical Officers Pub. L. 102190, div. A, title VI,  615 Dec. 5, 1991 105 Stat. 1377  (a)  Reiterating Ineligibility The restriction contained in subsection (b)(2) of section 301d of title 37 Dec. 5, 1991 (1) specifically refers to that section and this subsection; and (2) identifies the flag and general officers affected by that provision. (b)  Savings Provision (1) A medical officer of the Armed Forces who is a flag or general officer and has received any payment of a bonus under section 301d of title 37 Dec. 5, 1991 (2) A written agreement referred to in section 301d of title 37 April 10, 1991 Dec. 5, 1991 (A) the end of the month following the month in which this Act is enacted; or (B) the end of the period covered by the bonus payment or payments received by that officer as described in that paragraph. Pub. L. 102172, title VIII,  8084 Nov. 26, 1991 105 Stat. 1192 Restrictions provided under subsection (b)(2) of section 301d of title 37 Public Law 101510 Termination of Existing Retention Bonus Agreement Pub. L. 101510, div. A, title VI,  611(b) Nov. 5, 1990 104 Stat. 1576  (1) Subject to the approval of the Secretary of the military department concerned, a medical officer who is eligible to enter into a retention bonus agreement under section 301d of title 37 Pub. L. 100456 37 U.S.C. 302 (2) Subsection (e) of section 612 of the National Defense Authorization Act, Fiscal Year 1989 ( 37 U.S.C. 302  301e. Multiyear retention bonus: dental officers of the armed forces (a)  Bonus Authorized (1) A dental officer described in subsection (b) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department concerned, be paid a retention bonus as provided in this section. (2) The amount of a retention bonus under paragraph (1) may not exceed $50,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment. (b)  Officers Automatically Eligible Subsection (a) applies to an officer of the armed forces who (1) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; (2) has a dental specialty in oral and maxillofacial surgery; (3) is in a pay grade below pay grade O7; (4) has at least eight years of creditable service (computed as described in section 302b(g) 1 1 (5) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into an agreement under subsection (a)). (c)  Extension of Bonus to Other Dental Officers At the discretion of the Secretary of the military department concerned, the Secretary may enter into a written agreement described in subsection (a)(1) with a dental officer who does not have the dental specialty specified in subsection (b)(2), and pay a retention bonus to such an officer as provided in this section, if the officer otherwise satisfies the eligibility requirements specified in subsection (b). The Secretaries shall exercise the authority provided in this section in a manner consistent with regulations prescribed by the Secretary of Defense. (d)  Repayment An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title (Added Pub. L. 10585, div. A, title VI,  617(a) Nov. 18, 1997 111 Stat. 1788 Pub. L. 107314, div. A, title VI,  615(b) Dec. 2, 2002 116 Stat. 2568 Pub. L. 109163, div. A, title VI,  687(b)(3) Jan. 6, 2006 119 Stat. 3328  Editorial Notes  References in Text Section 302b(g) of this title section 302b(f) of this title Pub. L. 109163, div. A, title VI,  687(b)(6)(D) Jan. 6, 2006 119 Stat. 3328 Amendments 2006Subsec. (d). Pub. L. 109163 2002Subsec. (a)(2). Pub. L. 107314 Statutory Notes and Related Subsidiaries 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Application of Increase In case of amendment by section 615 of Pub. L. 107314 Sept. 30, 2002 section 615(i) of Pub. L. 107314 section 301d of this title  302. Special pay: medical officers of the armed forces (a)  Variable, Additional, and Board Certification Special Pay (1) An officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay in accordance with this subsection. (2) An officer described in paragraph (1) who is serving in a pay grade below pay grade O7 is entitled to variable special pay at the following rates: (A) $1,200 per year, if the officer is undergoing medical internship training. (B) $5,000 per year, if the officer has less than six years of creditable service and is not undergoing medical internship training. (C) $12,000 per year, if the officer has at least six but less than eight years of creditable service. (D) $11,500 per year, if the officer has at least eight but less than ten years of creditable service. (E) $11,000 per year, if the officer has at least ten but less than twelve years of creditable service. (F) $10,000 per year, if the officer has at least twelve but less than fourteen years of creditable service. (G) $9,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service. (H) $8,000 per year, if the officer has at least eighteen but less than twenty-two years of creditable service. (I) $7,000 per year, if the officer has twenty-two or more years of creditable service. (3) An officer described in paragraph (1) who is serving in a pay grade above pay grade O6 is entitled to variable special pay at the rate of $7,000 per year. (4) Subject to subsection (c), an officer entitled to variable special pay under paragraph (2) or (3) is entitled to additional special pay of $15,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training. (5) An officer who is entitled to variable special pay under paragraph (2) or (3) and who is board certified is entitled to additional special pay at the following rates: (A) $2,500 per year, if the officer has less than ten years of creditable service. (B) $3,500 per year, if the officer has at least ten but less than twelve years of creditable service. (C) $4,000 per year, if the officer has at least twelve but less than fourteen years of creditable service. (D) $5,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service. (E) $6,000 per year, if the officer has eighteen or more years of creditable service. (b)  Incentive Special Pay (1) Subject to subsection (c) and paragraph (2) and under regulations prescribed under section 303a(a) of this title (2) An officer is not eligible for incentive special pay under paragraph (1) unless the Secretary concerned has determined that such officer is qualified in the medical profession. (c)  Active-Duty Agreement (1) An officer may not be paid additional special pay under subsection (a)(4) or incentive special pay under subsection (b) for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay. (2) Under regulations prescribed by the Secretary of Defense under section 303a(a) of this title section 303a(e) of this title (d)  Regulations Regulations prescribed by the Secretary of Defense under section 303a(a) of this title (1) whether an officer is undergoing medical internship or initial residency training for purposes of subsections (a)(2)(A), (a)(2)(B), (a)(4), and (b)(1); and (2) whether an officer is board certified for purposes of subsection (a)(5). (e)  Frequency of Payments Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) shall be paid monthly. Special pay payable to an officer under subsection (a)(4) or (b)(1) shall be paid annually at the beginning of the twelve-month period for which the officer is entitled to such payment. (f)  Repayment An officer who does not complete the period for which the payment was made under subsection (a)(4) or subsection (b)(1) shall be subject to the repayment provisions of section 303a(e) of this title (g)  Determination of Creditable Service For purposes of this section, creditable service of an officer is computed by adding (1) all periods which the officer spent in medical internship or residency training during which the officer was not on active duty; and (2) all periods of active service in the Medical Corps of the Army or Navy, as an officer of the Air Force designated as a medical officer, or as a medical officer of the Public Health Service. (h)  Reserve Medical Officers Special Pay (1) A reserve medical officer described in paragraph (2) is entitled to special pay at the rate of $450 a month for each month of active duty, including active duty in the form of annual training, active duty for training, and active duty for special work. (2) A reserve medical officer referred to in paragraph (1) is a reserve officer who (A) is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer; and (B) is on active duty under a call or order to active duty for a period of less than one year. (i)  Effect of Discharge in Bankruptcy A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under subsection (c)(2) or (f). This paragraph applies to any case commenced under title 11 after September 30, 1985 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 464 Pub. L. 882,  5 Mar. 28, 1963 77 Stat. 4 Pub. L. 88132,  4 Oct. 2, 1963 77 Stat. 212 Pub. L. 89718,  53 Nov. 2, 1966 80 Stat. 1122 Pub. L. 9040,  5 June 30, 1967 81 Stat. 105 Pub. L. 92129, title I,  104 Sept. 28, 1971 85 Stat. 355 Pub. L. 9364, title II,  201 July 9, 1973 87 Stat. 149 Pub. L. 93274,  1(1) May 6, 1974 88 Stat. 94 Pub. L. 96284,  2(a) June 28, 1980 94 Stat. 587 Pub. L. 96513, title IV,  415 Dec. 12, 1980 94 Stat. 2906 Pub. L. 99145, title VI,  640 Nov. 8, 1985 99 Stat. 652 Pub. L. 99661, div. A, title XIII Nov. 14, 1986 100 Stat. 3991 Pub. L. 100180, div. A, title VII,  716(a) Dec. 4, 1987 101 Stat. 1113 Pub. L. 101189, div. A, title VII,  702(a) Nov. 29, 1989 103 Stat. 1468 Pub. L. 101510, div. A, title VI,  612 Nov. 5, 1990 104 Stat. 1577 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107314, div. A, title VI,  615(c) Dec. 2, 2002 116 Stat. 2568 Pub. L. 109163, div. A, title VI,  687(b)(4) Jan. 6, 2006 119 Stat. 3328 Pub. L. 110181, div. A, title VI,  615(a) Jan. 28, 2008 122 Stat. 150        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  302(a)     302(b)     302(c) 37:234(a). 37:234(b) (introductory clause and last proviso, less applicability to veterinarians). 37:234(b) (less introductory clause, less provisos, and less applicability to veterinarians). 37:234(b) (1st and 2d provisos, less applicability to veterinarians). Oct. 12, 1949, ch. 681,  203(a) 63 Stat. 809 June 25, 1952, ch. 459,  1 66 Stat. 156 June 29, 1953, ch. 138,  8 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. 864,  5 73 Stat. 13 In subsection (a), clause (1) is substituted for section 234(a)(1), (2), and (3) of existing title 37. The words of the Regular Army or the Regular Navy and of the Regular Air Force are inserted in clauses (1)(A) and (B), respectively, since, in contradistinction to section 234(a)(4) of existing title 37, their source was intended to apply only to regular officers. Clauses (2) (A) and (B) are substituted for the enumeration of categories in section 234(a)(4) of existing title 37 to reflect current usage and designation of those categories. Clause (3) is substituted for section 234(a)(5) and (6) of existing title 37. In subsection (c), the words disability retirement pay are omitted as covered by the words retired pay. Section 234(b) (2d proviso) of existing title 37 is omitted as obsolete. Editorial Notes Amendments 2008Subsec. (b)(1). Pub. L. 110181 2006Subsec. (c)(2). Pub. L. 109163,  687(b)(4)(A) Subsec. (f). Pub. L. 109163,  687(b)(4)(B) 2002Subsec. (b)(1). Pub. L. 107314 2000Subsec. (h)(1). Pub. L. 106398 1990Subsec. (a)(3). Pub. L. 101510 1989Subsec. (a). Pub. L. 101189,  702(f)(1) Subsec. (a)(2). Pub. L. 101189,  702(f)(9) Subsec. (a)(2)(C) to (I). Pub. L. 101189,  702(a) Subsec. (a)(3). Pub. L. 101189,  702(f)(9) Subsec. (a)(4). Pub. L. 101189,  702(f)(9) Pub. L. 101189,  702(b) Subsec. (a)(5). Pub. L. 101189,  702(f)(9) Pub. L. 101189,  702(c) Subsec. (b). Pub. L. 101189,  702(f)(2) Subsec. (b)(1). Pub. L. 101189,  702(f)(9) Pub. L. 101189,  702(d) Subsec. (b)(2). Pub. L. 101189,  702(f)(9) Subsec. (c). Pub. L. 101189,  702(f)(9) Pub. L. 101189,  702(f)(3) Subsec. (d). Pub. L. 101189,  702(f)(9) Pub. L. 101189,  702(f)(4) Subsec. (e). Pub. L. 101189,  702(f)(9) Pub. L. 101189,  702(f)(5) Subsec. (f). Pub. L. 101189,  702(f)(9) Pub. L. 101189,  702(f)(6) Subsec. (g). Pub. L. 101189,  702(f)(7) Subsec. (h). Pub. L. 101189,  702(e) (1) Any reserve officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer (A) who has served on active duty as a medical officer for not less than one year; and (B) who is on active duty under a call or order to active duty for a period of less than one year; is entitled to special pay in accordance with this subsection. (2) An officer described in paragraph (1) of this subsection is entitled to special pay at the rate of (A) $100 a month for each month of active duty, if he has not completed two years of active duty; or (B) $350 a month for each month of active duty, if he has completed at least two years of active duty. Subsec. (i). Pub. L. 101189,  702(f)(9) Pub. L. 101189,  702(f)(8) 1987Subsec. (b)(1). Pub. L. 100180,  716(a)(1) Subsec. (b)(3). Pub. L. 100180,  716(a)(3) 1986Subsec. (h)(1)(B). Pub. L. 99661,  1342(d) Subsec. (i). Pub. L. 99661,  1343(b)(1) 1985Subsec. (h)(1)(B). Pub. L. 99145,  640(1) Subsec. (i). Pub. L. 99145,  640(2) 1980 Pub. L. 96284 section 302c of this title Subsec. (h). Pub. L. 96513 1974 Pub. L. 93274 section 302b of this title 1973Subsec. (a). Pub. L. 9364 July 1, 1975 July 1, 1973 1971Subsec. (a). Pub. L. 92129 July 1, 1973 July 1, 1971 1967Subsec. (a). Pub. L. 9040 July 1, 1971 July 1, 1967 1966Subsec. (b). Pub. L. 89718 1963Subsec. (a). Pub. L. 882 July 1, 1967 July 1, 1963 Subsec. (b)(3), (4). Pub. L. 88132 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Jan. 28, 2008 section 615(c) of Pub. L. 110181 section 301d of this title Effective Date of 1989 Amendment Pub. L. 101189, div. A, title VII,  702(g) Nov. 29, 1989 103 Stat. 1469  (1) The amendments made by subsections (a) and (c) [amending this section] shall take effect on January 1, 1990 (2) The amendments made by subsections (b) and (d) [amending this section] shall apply to an agreement entered into under section 302(c)(1) of title 37 Nov. 29, 1989 (3) The amendment made by subsection (e) [amending this section] shall take effect on January 1, 1990 Effective Date of 1986 Amendment Amendment by section 1342(d) of Pub. L. 99661 Nov. 14, 1986 section 1342(h)(1) of Pub. L. 99661 section 301 of this title Effective Date of 1980 Amendments Amendment by Pub. L. 96513 July 1, 1980 section 701(b)(2) of Pub. L. 96513 section 101 of Title 10 Pub. L. 96284,  8 June 28, 1980 94 Stat. 594 The amendments made by sections 2 and 3 [enacting section 302c of this title section 313 of this title Effective Date of 1974 Amendment Pub. L. 93274,  2 May 6, 1974 88 Stat. 96 Pub. L. 94273,  2(18) Apr. 21, 1976 90 Stat. 375 Pub. L. 94361, title III,  305 July 14, 1976 90 Stat. 926 Pub. L. 95114,  1 Sept. 30, 1977 91 Stat. 1046 Pub. L. 95485, title VIII,  801(a) Oct. 20, 1978 92 Stat. 1619 section 311 of this title June 1, 1974 section 311 of this title Sept. 30, 1980 Pub. L. 96284,  4(e) June 28, 1980 94 Stat. 592 Effective Date of 1973 Amendment Amendment by Pub. L. 9364 July 1, 1973 section 206 of Pub. L. 9364 section 401 of this title Effective Date of 1963 Amendment Amendment by Pub. L. 88132 Oct. 1, 1963 section 14 of Pub. L. 88132 section 201 of this title Savings Provision For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Application of Increase In case of amendment by section 615 of Pub. L. 107314 Sept. 30, 2002 section 615(i) of Pub. L. 107314 section 301d of this title Prohibition on Use of Appropriations To Pay Bonuses to Certain Regular or Reserve Medical Officers of Public Health Service Pub. L. 102394, title II,  207 Oct. 6, 1992 106 Stat. 1811 None of the funds made available by this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts shall be used to provide special retention pay (bonuses) under paragraph (4) of 37 U.S.C. 302(a) Similar provisions were contained in the following prior appropriation acts: Pub. L. 102170, title II,  207 Nov. 26, 1991 105 Stat. 1127 Pub. L. 101517, title II,  207 Nov. 5, 1990 104 Stat. 2209 Pub. L. 101166, title II,  208 Nov. 21, 1989 103 Stat. 1177 Pub. L. 100202,  101(h) [title II,  208] Dec. 22, 1987 101 Stat. 1329256 Medical Officer Retention Bonus Pub. L. 101189, div. A, title VII,  703(e) Nov. 29, 1989 103 Stat. 1470 Pub. L. 10225, title VII,  705(b) Apr. 6, 1991 105 Stat. 120 section 612 of Pub. L. 100456 Oct. 1, 1989 Nov. 29, 1989 Pub. L. 100456, div. A, title VI,  612 Sept. 29, 1988 102 Stat. 1979 Pub. L. 101189, div. A, title VII,  703(a) Nov. 29, 1989 103 Stat. 1469 Jan. 1, 1989 Sept. 30, 1990 Special Pay for Critically Short Wartime Health Specialists in Selected Reserve Pub. L. 100456, div. A, title VI,  613 Sept. 29, 1988 102 Stat. 1981 Pub. L. 101510, div. A, title VI,  616 Nov. 5, 1990 104 Stat. 1578 Pub. L. 103160, div. A, title VI,  613(g) Nov. 30, 1993 107 Stat. 1681 Pub. L. 103337, div. A, title VI,  613(f) Oct. 5, 1994 108 Stat. 2783 Pub. L. 104106, div. A, title XV,  1502(c)(5) Feb. 10, 1996 110 Stat. 508 section 302g of this title Pub. L. 104106, div. A, title VI,  614(a)(1) Feb. 10, 1996 110 Stat. 360 [ Pub. L. 104106, div. A, title VI,  614(c)(2) Feb. 10, 1996 110 Stat. 361 The provisions of section 613 of the National Defense Authorization Act, Fiscal Year 1989 [ Pub. L. 100456 Feb. 10, 1996 Preservation of Entitlement for Reserve Medical Officers Pub. L. 96513, title VI,  641 Dec. 12, 1980 94 Stat. 2954 Pub. L. 9722,  8 o July 10, 1981 97 Stat. 136  Any person (1) who before June 30, 1980 (2) who after having so served on active duty for not less than one year received special pay under section 302 or 302b of title 37, United States Code, as in effect during the period beginning on May 6, 1974 June 30, 1980 shall be considered to have been entitled to such pay as if that part of such section, as in effect during such period, which read who is on active duty for a period of at least one year read who has served on active duty for not less than one year. Transition Provisions Pub. L. 96284,  7 June 28, 1980 94 Stat. 593 Notwithstanding any provision of the amendments made by this Act; [see Short Title of 1980 Amendment note set out under section 101 of this title section 302 of title 37  302a. Special pay: optometrists (a)  Regular Special Pay Each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty: (1) A commissioned officer (A) of the Regular Army, Regular Navy, or Regular Air Force who is designated as an optometry officer; or (B) who is an optometry officer of the Regular Corps of the Public Health Service. (2) A commissioned officer (A) of a Reserve component of the Army, Navy, or Air Force who is designated as an optometry officer; or (B) who is an optometry officer of the Reserve Corps 1 1 who is on active duty as a result of a call or order to active duty for a period of at least one year. (3) A general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, Air Force, or the National Guard, as the case may be. (b)  Retention Special Pay (1) Under regulations prescribed under section 303a(a) of this title (2) An officer referred to in paragraph (1) is an officer of a uniformed service who (A) is entitled to special pay under subsection (a); (B) has completed any initial active-duty service commitment incurred for education and training; and (C) is determined by the Secretary concerned to be qualified as an optometrist. (3) An officer may not be paid retention special pay under paragraph (1) for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay. (4) The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). An officer who does not complete the period for which the payment was made under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title (Added Pub. L. 92129, title II,  202(a) Sept. 28, 1971 85 Stat. 357 Pub. L. 9364, title II,  202 July 9, 1973 87 Stat. 149 Pub. L. 95114,  2 Sept. 30, 1977 91 Stat. 1046 Pub. L. 95485, title VIII,  801(b) Oct. 20, 1978 92 Stat. 1619 Pub. L. 96284,  4(a) June 28, 1980 94 Stat. 591 Pub. L. 10026,  8(d)(2) Apr. 21, 1987 101 Stat. 285 Pub. L. 101510, div. A, title VI,  617(a) Nov. 5, 1990 104 Stat. 1578 Pub. L. 104201, div. A, title VI,  614(a) Sept. 23, 1996 110 Stat. 2544 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107314, div. A, title VI,  615(d) Dec. 2, 2002 116 Stat. 2568 Pub. L. 109163, div. A, title VI,  687(b)(5) Jan. 6, 2006 119 Stat. 3328  Editorial Notes Amendments 2006Subsec. (b)(4). Pub. L. 109163 2002Subsec. (b)(1). Pub. L. 107314 2000Subsec. (b)(1). Pub. L. 106398 1996Subsec. (b)(2). Pub. L. 104201,  614(a)(1)(A) Subsec. (b)(2)(C). Pub. L. 104201,  614(a)(1)(B) Subsec. (b)(4). Pub. L. 104201,  614(a)(2) 1990 Pub. L. 101510 1987 Pub. L. 10026 1980 Pub. L. 96284 October 1, 1977 1978Subsec. (c). Pub. L. 95485 1977Subsec. (a). Pub. L. 95114 Oct. 1, 1977 Subsecs. (b), (c). Pub. L. 95114 1973Subsec. (a). Pub. L. 9364 July 1, 1975 July 1, 1973 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 Effective Date of 1977 Amendment Pub. L. 95114,  4 Sept. 30, 1977 91 Stat. 1047 The amendments made by sections 2 and 3 of this Act [amending this section and section 303 of this title October 1, 1977 Effective Date of 1973 Amendment Amendment by Pub. L. 9364 July 1, 1973 section 206 of Pub. L. 9364 section 401 of this title Effective Date Pub. L. 92129, title II,  209 Sept. 28, 1971 85 Stat. 359 The foregoing provisions of this title [enacting this section and section 428 of this title October 1, 1971 section 308a of this title February 1, 1971 July 1, 1971 Savings Provision For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Application of Increase In case of amendment by section 615 of Pub. L. 107314 Sept. 30, 2002 section 615(i) of Pub. L. 107314 section 301d of this title Implementation of Subsection (b) Pub. L. 101510, div. A, title VI,  617(b) Nov. 5, 1990 104 Stat. 1579 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pay Continuation Enactment of this section not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971 section 210 of Pub. L. 92129 section 203 of this title  302b. Special pay: dental officers of the armed forces (a)  Variable, Additional, Board Certification, and Incentive Special Pay (1) An officer who (A) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and (B) is on active duty under a call or order to active duty for a period of not less than one year, is entitled to special pay in accordance with this subsection. (2) An officer described in paragraph (1) who is serving in a pay grade below pay grade O7 is entitled to variable special pay at the following rates: (A) $3,000 per year, if the officer is undergoing dental internship training or has less than three years of creditable service. (B) $7,000 per year, if the officer has at least three but less than six years of creditable service and is not undergoing dental internship training. (C) $7,000 per year, if the officer has at least six but less than eight years of creditable service. (D) $12,000 per year, if the officer has at least eight but less than 12 years of creditable service. (E) $10,000 per year, if the officer has at least 12 but less than 14 years of creditable service. (F) $9,000 per year, if the officer has at least 14 but less than 18 years of creditable service. (G) $8,000 per year, if the officer has 18 or more years of creditable service. (3) An officer described in paragraph (1) who is serving in a pay grade above pay grade O6 is entitled to variable special pay at the rate of $7,000 per year. (4) An officer who is entitled to variable special pay under paragraph (2) or (3) is also entitled to additional special pay for any 12-month period during which an agreement executed under subsection (b) is in effect with respect to the officer. Such additional special pay shall be paid at a rate determined by the Secretary concerned, which rate may not exceed the following: (A) $10,000 per year, if the officer has less than three years of creditable service. (B) $12,000 per year, if the officer has at least three but less than 10 years of creditable service. (C) $15,000 per year, if the officer has 10 or more years of creditable service. (5) An officer who is entitled to variable special pay under paragraph (2) or (3) and who is board certified is entitled to additional special pay at the following rates: (A) $2,500 per year, if the officer has less than 10 years of creditable service. (B) $3,500 per year, if the officer has at least 10 but less than 12 years of creditable service. (C) $4,000 per year, if the officer has at least 12 but less than 14 years of creditable service. (D) $5,000 per year, if the officer has at least 14 but less than 18 years of creditable service. (E) $6,000 per year, if the officer has 18 or more years of creditable service. (6) An officer described in paragraph (1) who is an oral or maxillofacial surgeon may be paid incentive special pay at the same rates, and subject to the same terms and conditions, as incentive special pay available for medical officers under section 302(b) of this title (b)  Active-Duty Agreement (1) An officer may not be paid additional special pay under paragraph (4) or (6) of subsection (a) for any 12-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay. (2) Under regulations prescribed by the Secretary of Defense under section 303a(a) of this title section 303a(e) of this title (c)  Regulations Regulations prescribed by the Secretary of Defense under section 303a(a) of this title (1) whether an officer is undergoing internship or residency training for purposes of subsections (a)(2)(A), (a)(2)(B), and (a)(4); and (2) whether an officer is board certified for purposes of subsection (a)(5). (d)  Frequency of Payments Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) shall be paid monthly. Special pay payable to an officer under paragraph (4) or (6) of subsection (a) shall be paid annually at the beginning of the 12-month period for which the officer is entitled to such payment. (e)  Repayment An officer who does not complete the period of active duty specified in the agreement referred to in subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title (f)  Determination of Creditable Service For purposes of this section, creditable service of an officer is computed by adding (1) all periods which the officer spent in dental internship or residency training during which the officer was not on active duty; and (2) all periods of active service in the Dental Corps of the Army or Navy, as an officer of the Air Force designated as a dental officer, or as a dental officer of the Public Health Service. (g)  Reserve Dental Officers Special Pay (1) A reserve dental officer described in paragraph (2) is entitled to special pay at the rate of $350 a month for each month of active duty, including active duty in the form of annual training, active duty for training, and active duty for special work. (2) A reserve dental officer referred to in paragraph (1) is a reserve officer who (A) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and (B) is on active duty under a call or order to active duty for a period of less than one year. (Added Pub. L. 93274,  1(2) May 6, 1974 88 Stat. 94 Pub. L. 96284,  4(b) June 28, 1980 94 Stat. 591 Pub. L. 99145, title VI,  639(a) Nov. 8, 1985 99 Stat. 649 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 104201, div. A, title VI,  615(a) Sept. 23, 1996 110 Stat. 2545 Pub. L. 10585, div. A, title VI,  618 Nov. 18, 1997 111 Stat. 1789 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3295 Pub. L. 109364, div. A, title VI,  615(a) Oct. 17, 2006 120 Stat. 2249 Pub. L. 110181, div. A, title VI,  616(a) Jan. 28, 2008 122 Stat. 150  Editorial Notes Amendments 2008Subsec. (a)(4). Pub. L. 110181,  616(a)(1) Subsec. (a)(4)(A). Pub. L. 110181,  616(a)(2) Subsec. (a)(4)(B). Pub. L. 110181,  616(a)(3) 2006Subsec. (a). Pub. L. 109163,  625(a)(1) Subsec. (a)(4). Pub. L. 109364 Pub. L. 109163,  626 Subsec. (a)(6). Pub. L. 109163,  625(a)(2) Subsec. (b). Pub. L. 109163,  625(b) Subsec. (b)(2). Pub. L. 109163,  687(b)(6)(A) Subsec. (d). Pub. L. 109163,  625(b) Subsec. (e). Pub. L. 109163,  687(b)(6)(B) Subsecs. (f) to (h). Pub. L. 109163,  687(b)(6)(C) September 30, 1985 1997Subsec. (a)(2)(C) to (G). Pub. L. 10585,  618(a) (C) $7,000 per year, if the officer has at least six but less than 10 years of creditable service. (D) $6,000 per year, if the officer has at least 10 but less than 14 years of creditable service. (E) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service. (F) $3,000 per year, if the officer has 18 or more years of creditable service. Subsec. (a)(3). Pub. L. 10585,  618(b) Subsec. (a)(4)(B) to (D). Pub. L. 10585,  618(c) (B) $6,000 per year, if the officer has at least three but less than 14 years of creditable service. (C) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service. (D) $10,000 per year, if the officer has at least 18 or more years of creditable service. 1996Subsec. (a). Pub. L. 104201,  615(e)(1) Subsec. (a)(2). Pub. L. 104201,  615(a)(1) Subsec. (a)(4). Pub. L. 104201,  615(a)(2) (A) $6,000 per year, if the officer has at least three but less than 14 years of creditable service. (B) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service. (C) $10,000 per year, if the officer has 18 or more years of creditable service. Subsec. (a)(5). Pub. L. 104201,  615(a)(3) (A) $2,000 per year, if the officer has less than 12 years of creditable service. (B) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service. (C) $4,000 per year, if the officer has 14 or more years of creditable service. Subsecs. (b) to (g). Pub. L. 104201,  615(e)(2) Subsec. (h). Pub. L. 104201,  615(b) 1991 Pub. L. 10225 1985 Pub. L. 99145 (1) $100 a month for each month of active duty if he has not completed two years of active duty in the Dental Corps or as a dental officer; (2) $150 a month for each month of active duty if he has completed at least two years of active duty in the Dental Corps or as a dental officer; (3) $250 a month for each month of active duty if he has completed at least six years of active duty in the Dental Corps or as a dental officer; or (4) $350 a month for each month of active duty if he has completed at least ten years of active duty in the Dental Corps or as a dental officer. 1980 Pub. L. 96284 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Pub. L. 110181, div. A, title VI,  616(b) Jan. 28, 2008 122 Stat. 150 The amendments made by this section [amending this section] shall apply with respect to agreements entered into under section 302b(b) of title 37 Jan. 28, 2008 Effective Date of 2006 Amendment Pub. L. 109364, div. A, title VI,  615(b) Oct. 17, 2006 120 Stat. 2249 The amendment made by this section [amending this section] shall take effect on October 1, 2006 Effective Date of 1985 Amendment Pub. L. 99145, title VI,  639(f) Nov. 8, 1985 99 Stat. 651 The amendments made by this section [amending this section, repealing section 311 of this title October 1, 1985 Effective Date Section effective June 1, 1974 section 2 of Pub. L. 93274 section 302 of this title Savings Provision For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Authority for Certain Dental Officers To Execute New Agreements Pub. L. 99145, title VI,  639(c) Nov. 8, 1985 99 Stat. 651  (1) Subject to paragraphs (2) and (3), a dental officer who on October 1, 1985 section 311 of title 37 (A) was executed after June 29, 1985 (B) is affected by the limitation in section 8091 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98473 may execute a new agreement under section 302b of such title (as amended by subsection (a)). (2) A dental officer may not execute a new agreement under paragraph (1) unless the amount that may be paid such officer under an agreement under section 302b of title 37 (3) In executing a written agreement under paragraph (1), the officer shall agree to remain on active duty for an additional length of time equal to or exceeding the length of time originally required by the existing agreement, beginning on the date the officer accepts the award of special pay under the new agreement. (4) If a new agreement is executed under this subsection, the existing agreement of the officer shall be canceled. (5) For the purposes of this section, the term dental officer has the meaning given that term in section 101 of title 10 Minimum Special Pay Pub. L. 99145, title VI,  639(d) Nov. 8, 1985 99 Stat. 651 Pub. L. 99661, div. A, title XIII,  1342(c) Nov. 14, 1986 100 Stat. 3991  (1) An officer described in paragraph (2) who, after September 30, 1985 section 302b of title 37 section 311 of title 37 September 30, 1985 September 30, 1985 (2) Paragraph (1) applies to an officer who on September 30, 1985 section 311 of title 37 [Amendment of this note by Pub. L. 99661 Nov. 14, 1986 section 1342(h)(1) of Pub. L. 99661 section 301 of this title  302c. Special pay: psychologists and nonphysician health care providers (a)  Public Health Service Corps A member who is (1) an officer in the Regular or Reserve Corps 1 1 (2) has been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology, is entitled to special pay, as provided in subsection (b). (b)  Rate of Special Pay The rate of special pay to which an officer is entitled pursuant to subsection (a) shall be (1) $2,000 per year, if the officer has less than 10 years of creditable service; (2) $2,500 per year, if the officer has at least 10 but less than 12 years of creditable service; (3) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service; (4) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service; or (5) $5,000 per year, if the officer has 18 or more years of creditable service. (c)  Army, Navy, and Air Force Psychologists The Secretary of Defense may provide special pay at the rates specified in subsection (b) to an officer who (1) is an officer in the Medical Service Corps of the Army or Navy or a biomedical sciences officer in the Air Force; (2) is designated as a psychologist; and (3) has been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology. (d)  Nonphysician Health Care Providers The Secretary concerned may authorize the payment of special pay at the rates specified in subsection (b) to an officer who (1) is an officer in the Medical Service Corps of the Army or Navy, a biomedical sciences officer in the Air Force, an officer in the Army Medical Specialist Corps, an officer of the Nurse Corps of the Army or Navy, an officer of the Air Force designated as a nurse, an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant, or an officer in the Regular or Reserve Corps 1 (2) is a health care provider (other than a psychologist); (3) has a postbaccalaureate degree; and (4) is certified by a professional board in the officers specialty. (Added Pub. L. 100140,  2(a) Oct. 26, 1987 101 Stat. 830 Pub. L. 101189, div. A, title VII,  704(a) Nov. 29, 1989 103 Stat. 1471 Pub. L. 101510, div. A, title VI,  618(a) Nov. 5, 1990 104 Stat. 1579 Pub. L. 10225, title VII,  702(a)(2)(A) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title VI,  611 Oct. 23, 1992 106 Stat. 2420 Pub. L. 104106, div. A, title VI,  617 Feb. 10, 1996 110 Stat. 362 Pub. L. 104201, div. A, title VI,  614(b) Sept. 23, 1996 110 Stat. 2544 Pub. L. 10585, div. A, title X,  1073(c)(5) Nov. 18, 1997 111 Stat. 1904 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 110181, div. A, title X,  1063(b) Jan. 28, 2008 122 Stat. 322  Editorial Notes Prior Provisions A prior section 302c, added Pub. L. 96284,  3(a)(1) June 28, 1980 94 Stat. 589 Pub. L. 96513, title IV,  414(a) Dec. 12, 1980 94 Stat. 2906 Sept. 15, 1981 Amendments 2008Subsec. (d)(1). Pub. L. 110181 2000Subsec. (d)(1). Pub. L. 106398 1997Subsec. (d)(1). Pub. L. 10585 Pub. L. 104201,  614(b)(2)(B) 1996Subsec. (d). Pub. L. 104201,  614(b)(1) Subsec. (d)(1). Pub. L. 104201,  614(b)(2)(B) Pub. L. 10585 Pub. L. 104201,  614(b)(2)(A) Pub. L. 104106 1992Subsec. (d)(1). Pub. L. 102484 1991 Pub. L. 10225 1990Subsec. (d). Pub. L. 101510 1989 Pub. L. 101189,  704(b)(1) Subsecs. (a), (b). Pub. L. 101189,  704(c) Subsec. (c). Pub. L. 101189,  704(a) Statutory Notes and Related Subsidiaries  Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42 Effective Date of 1997 Amendment Pub. L. 10585, div. A, title X,  1073(c) Nov. 18, 1997 111 Stat. 1904 Sept. 23, 1996 Pub. L. 104201 Effective Date Pub. L. 100140,  2(c) Oct. 26, 1987 101 Stat. 831 The amendments made by this section [enacting this section and amending section 303a of this title October 1, 1987 Oct. 26, 1987  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Implementation of Subsection (d) Pub. L. 101510, div. A, title VI,  618(b) Nov. 5, 1990 104 Stat. 1579  The Secretary of Defense may not implement subsection (d) of section 302c of title 37 (1) justifying the need of the military departments for the authority provided in such subsection; and (2) describing the manner in which that authority will be implemented. [Report submitted to Committees on Apr. 29, 1994 Implementation of Special Pay for Army, Navy, and Air Force Psychologists Pub. L. 101189, div. A, title VII,  704(d) Nov. 29, 1989 103 Stat. 1471  The Secretary of Defense may not implement subsection (c) of section 302c of title 37 (1) justifying the need of the military departments for the authority provided in such subsection; and (2) describing the manner in which that authority will be implemented. [Report submitted to Committees on Apr. 20, 1994  302c1. Special pay: accession and retention bonuses for psychologists (a)  Accession Bonus. (1)  Accession bonus authorized A person described in paragraph (2) who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount, subject to subsection (c)(1), determined by the Secretary concerned. (2)  Eligible persons A person described in paragraph (1) is any person who (A) is a graduate of an accredited school of psychology; and (B) holds a valid State license to practice as a doctoral level psychologist. (3)  Limitation on eligibility A person may not be paid a bonus under this subsection if (A) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in psychology; or (B) the Secretary concerned determines that the person is not qualified to become and remain certified as a psychologist. (b)  Multiyear Retention Bonus. (1)  Retention bonus authorized An officer described in paragraph (2) who executes a written agreement described in subsection (d) to remain on active duty for up to four years after completion of any other active-duty service commitment may, upon acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section. (2)  Eligible officers An officer described in paragraph (1) is an officer of the armed forces who (A) is a psychologist of the armed forces; (B) is in a pay grade below pay grade O7; (C) has at least eight years of creditable service (computed as described in section 302b(f) of this title (D) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into the agreement under this subsection); and (E) holds a valid State license to practice as a doctoral level psychologist. (c)  Maximum Amount of Bonus. (1)  Accession bonus The amount of an accession bonus under subsection (a) may not exceed $400,000. (2)  Retention bonus The amount of a retention bonus under subsection (b) may not exceed $25,000 for each year of the agreement of the officer concerned. (d)  Agreement The agreement referred to in subsections (a) and (b) shall provide that, consistent with the needs of the armed force concerned, the person or officer executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of such armed force as a psychologist. (e)  Repayment. (1)  Accession bonus A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a psychologist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title (2)  Retention bonus An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title (f)  Termination of Authority No agreement under subsection (a) or (b) may be entered into after December 31, 2018 (Added Pub. L. 110417 Oct. 14, 2008 122 Stat. 4490 Pub. L. 11184, div. A, title VI,  612(b)(1) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  612(b)(1) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  612(b)(1) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  612(b)(1) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  612(b)(1) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  612(b)(1) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  612(b)(1) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  612(b)(1) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  612(b)(1) Dec. 12, 2017 131 Stat. 1421  Editorial Notes Amendments 2017Subsec. (f). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (f). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (f). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (f). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (f). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (f). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (f). Pub. L. 11184 December 31, 2010 December 31, 2009  302d. Special pay: accession bonus for registered nurses (a)  Accession Bonus Authorized (1) A person who is a registered nurse and who, during the period beginning on November 29, 1989 December 31, 2018 (2) The amount of an accession bonus under paragraph (1) may not exceed $30,000. (b)  Limitation on Eligibility for Bonus A person may not be paid a bonus under subsection (a) if (1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a baccalaureate degree; or (2) the Secretary concerned determines that the person is not qualified to become and remain licensed as a registered nurse. (c)  Agreement The agreement referred to in subsection (a) shall provide that, consistent with the needs of the uniformed service concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Nurse Corps of the Army or Navy, an officer of the Air Force designated as a nurse, or an officer designated as a nurse in the commissioned corps of the Public Health Service. (d)  Repayment An officer who does not become and remain licensed as a registered nurse during the period for which the payment is made, or who does not complete the period of active duty specified in the agreement entered into under subsection (a), shall be subject to the repayment provisions of section 303a(e) of this title (Added Pub. L. 101189, div. A, title VII,  705(a)(1) Nov. 29, 1989 103 Stat. 1471 Pub. L. 101510, div. A, title VI,  613(a) Nov. 5, 1990 104 Stat. 1577 Pub. L. 102484, div. A, title VI,  612(g) Oct. 23, 1992 106 Stat. 2421 Pub. L. 103160, div. A, title VI,  611(b) Nov. 30, 1993 107 Stat. 1679 Pub. L. 103337, div. A, title VI,  612(b) Oct. 5, 1994 108 Stat. 2783 Pub. L. 104106, div. A, title VI,  612(b) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  612(b) Sept. 23, 1996 110 Stat. 2543 Pub. L. 10585, div. A, title VI,  612(b) Nov. 18, 1997 111 Stat. 1786 Pub. L. 105261, div. A, title VI,  612(b) Oct. 17, 1998 112 Stat. 2039 Pub. L. 10665, div. A, title VI,  612(b) Oct. 5, 1999 113 Stat. 650 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  612(b) Dec. 28, 2001 115 Stat. 1135 Pub. L. 107314, div. A, title VI Dec. 2, 2002 116 Stat. 2567 Pub. L. 108136, div. A, title VI,  612(c) Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3294 Pub. L. 109364, div. A, title VI,  612(c) Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI,  612(c) Jan. 28, 2008 122 Stat. 148 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  612(b)(2) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  612(b)(2) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  612(b)(2) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  612(b)(2) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  612(b)(2) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  612(b)(2) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  612(b)(2) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  612(b)(2) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  612(b)(2) Dec. 12, 2017 131 Stat. 1422  Editorial Notes Amendments 2017Subsec. (a)(1). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (a)(1). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (a)(1). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (a)(1). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (a)(1). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (a)(1). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (a)(1). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (a)(1). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (a)(1). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  622(c) December 31, 2006 December 31, 2005 Subsec. (d). Pub. L. 109163,  687(b)(7) 2004Subsec. (a)(1). Pub. L. 108375,  616(a) Pub. L. 108375,  612(c) December 31, 2005 December 31, 2004 2003Subsec. (a)(1). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (a)(1). Pub. L. 107314,  612(c) December 31, 2003 December 31, 2002 Subsec. (a)(2). Pub. L. 107314,  615(e) 2001Subsec. (a)(1). Pub. L. 107107 December 31, 2002 December 31, 2001 2000Subsec. (a)(1). Pub. L. 106398 December 31, 2001 December 31, 2000 1999Subsec. (a)(1). Pub. L. 10665 December 31, 2000 December 31, 1999 1998Subsec. (a)(1). Pub. L. 105261 December 31, 1999 September 30, 1999 1997Subsec. (a)(1). Pub. L. 10585 September 30, 1999 September 30, 1998 1996Subsec. (a)(1). Pub. L. 104201 September 30, 1998 September 30, 1997 Pub. L. 104106 September 30, 1997 September 30, 1996 1994Subsec. (a)(1). Pub. L. 103337 September 30, 1996 September 30, 1995 1993Subsec. (a)(1). Pub. L. 103160 September 30, 1995 September 30, 1993 1992Subsec. (a). Pub. L. 102484 September 30, 1993 September 30, 1992 1990Subsec. (a)(1). Pub. L. 101510 November 29, 1989 September 30, 1992 September 30, 1991 Subsec. (d)(4). Pub. L. 101510,  1484(d)(2)(B) November 29, 1989 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2004 Amendment Pub. L. 108375, div. A, title VI,  616(b) Oct. 28, 2004 118 Stat. 1948 The amendment made by subsection (a) [amending this section] shall apply with respect to agreements entered into under section 302d of title 37 Oct. 28, 2004 Savings Provision For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Application of Increase In case of amendment by section 615 of Pub. L. 107314 Sept. 30, 2002 section 615(i) of Pub. L. 107314 section 301d of this title Coverage of Period of Lapsed Authority For provisions relating to coverage of period of lapsed authority from Oct. 1, 1993 Nov. 30, 1993 section 611(d) of Pub. L. 103160 section 2130a of Title 10 For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992 Oct. 23, 1992 section 612(j)(2) of Pub. L. 102484 section 301b of this title  302e. Special pay: nurse anesthetists (a)  Special Pay Authorized (1) An officer described in subsection (b)(1) who, during the period beginning on November 29, 1989 December 31, 2018 (2) The Secretary concerned shall determine the amount of incentive special pay to be paid to an officer under paragraph (1). In determining that amount, the Secretary concerned shall consider the period of obligated service provided for in the agreement under that paragraph. (b)  Covered Officers (1) An officer referred to in subsection (a) is an officer of a uniformed service who (A) is an officer of the Nurse Corps of the Army or Navy, an officer of the Air Force designated as a nurse, or an officer designated as a nurse in the commissioned corps of the Public Health Service; (B) is a qualified certified registered nurse anesthetist; and (C) is on active duty under a call or order to active duty for a period of not less than one year. (2) The Secretary of Defense may extend the special pay authorized under subsection (a) to officers of the armed forces who serve in a nursing specialty (other than as nurse anesthetists) that (A) is designated by the Secretary of the military department concerned as critical to meet requirements (whether such specialty is designated as critical to meet wartime or peacetime requirements); and (B) requires postbaccalaureate education and training. (c)  Termination of Agreement Under regulations prescribed by the Secretary of Defense, with respect to the Army, Navy, and Air Force, and the Secretary of Health and Human Services, with respect to the Public Health Service, the Secretary concerned may terminate an agreement entered into under subsection (a). Upon termination of an agreement, the entitlement of the officer to special pay under this section and the agreed upon commitment to active duty of the officer shall end. If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title (d)  Payment Special pay payable to an officer under subsection (a) shall be paid annually at the beginning of the 12-month period for which the officer is to receive that payment. (e)  Repayment An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title (Added Pub. L. 101189, div. A, title VII,  706(a)(1) Nov. 29, 1989 103 Stat. 1472 Pub. L. 101510, div. A, title VI Nov. 5, 1990 104 Stat. 1577 Pub. L. 10225, title VII,  702(a)(2)(B) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title VI,  612(i) Oct. 23, 1992 106 Stat. 2421 Pub. L. 103160, div. A, title VI,  611(c) Nov. 30, 1993 107 Stat. 1679 Pub. L. 103337, div. A, title VI,  612(c) Oct. 5, 1994 108 Stat. 2783 Pub. L. 104106, div. A, title VI,  612(c) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  612(c) Sept. 23, 1996 110 Stat. 2543 Pub. L. 10585, div. A, title VI,  612(c) Nov. 18, 1997 111 Stat. 1786 Pub. L. 105261, div. A, title VI,  612(c) Oct. 17, 1998 112 Stat. 2039 Pub. L. 10665, div. A, title VI,  612(c) Oct. 5, 1999 113 Stat. 650 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  612(c) Dec. 28, 2001 115 Stat. 1135 Pub. L. 107314, div. A, title VI Dec. 2, 2002 116 Stat. 2567 Pub. L. 108136, div. A, title VI,  612(d) Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI,  612(d) Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3294 Pub. L. 109364, div. A, title VI,  612(d) Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI,  612(d) Jan. 28, 2008 122 Stat. 148 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  612(b)(3) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  612(b)(3) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  612(b)(3) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  612(b)(3) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  612(b)(3) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  612(b)(3) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  612(b)(3) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  612(b)(3) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  612(b)(3) Dec. 12, 2017 131 Stat. 1422  Editorial Notes Amendments 2017Subsec. (a)(1). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (a)(1). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (a)(1). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (a)(1). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (a)(1). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (a)(1). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (a)(1). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (a)(1). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (a)(1). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  622(d) December 31, 2006 December 31, 2005 Subsec. (c). Pub. L. 109163,  687(b)(8)(A) section 303a(e) of this title Subsec. (e). Pub. L. 109163,  687(b)(8)(B) 2004Subsec. (a)(1). Pub. L. 108375 December 31, 2005 December 31, 2004 2003Subsec. (a)(1). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (a)(1). Pub. L. 107314,  615(f) Pub. L. 107314,  612(d) December 31, 2003 December 31, 2002 2001Subsec. (a)(1). Pub. L. 107107 December 31, 2002 December 31, 2001 2000Subsec. (a)(1). Pub. L. 106398,  1 [[div. A] December 31, 2001 December 31, 2000 Subsec. (b)(2)(A). Pub. L. 106398,  1 [[div. A] 1999Subsec. (a)(1). Pub. L. 10665 December 31, 2000 December 31, 1999 1998Subsec. (a)(1). Pub. L. 105261 December 31, 1999 September 30, 1999 1997Subsec. (a)(1). Pub. L. 10585 September 30, 1999 September 30, 1998 1996Subsec. (a)(1). Pub. L. 104201 September 30, 1998 September 30, 1997 Pub. L. 104106 September 30, 1997 September 30, 1996 1994Subsec. (a)(1). Pub. L. 103337 September 30, 1996 September 30, 1995 1993Subsec. (a)(1). Pub. L. 103160 September 30, 1995 September 30, 1993 1992Subsec. (a)(1). Pub. L. 102484 September 30, 1993 September 30, 1992 1991 Pub. L. 10225,  702(a)(2)(B) Subsec. (d). Pub. L. 10225,  702(b)(1) 1990 Pub. L. 101510,  618(c)(1) Subsec. (a)(1). Pub. L. 101510,  1484(d)(3)(A) November 29, 1989 Pub. L. 101510,  614(b) Pub. L. 101510,  613(b) September 30, 1992 September 30, 1991 Subsec. (b). Pub. L. 101510,  614(a) Subsec. (e)(3). Pub. L. 101510,  1484(d)(3)(B) November 29, 1989 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Application of Increase In case of amendment by section 615 of Pub. L. 107314 Sept. 30, 2002 section 615(i) of Pub. L. 107314 section 301d of this title Coverage of Period of Lapsed Authority For provisions relating to coverage of period of lapsed authority from Oct. 1, 1993 Nov. 30, 1993 section 611(d) of Pub. L. 103160 section 2130a of Title 10 For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992 Oct. 23, 1992 section 612(j)(2) of Pub. L. 102484 section 301b of this title Implementation of Subsection (b)(2) Pub. L. 101510, div. A, title VI,  614(c) Nov. 5, 1990 104 Stat. 1578 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654  302f. Special pay: reserve, recalled, or retained health care officers (a)  Eligible for Special Pay A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title (whichever applies) notwithstanding any requirement in those sections that (1) the call or order of the officer to active duty be for a period of not less than one year; or (2) the officer execute a written agreement to remain on active duty for a period of not less than one year. (b)  Health Care Officers Described A health care officer referred to in subsection (a) is an officer of the armed forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title and who (1) is a reserve officer on active duty (other than for training) under a call or order to active duty for a period of more than 30 days but less than one year; (2) is involuntarily retained on active duty under section 12305 of title 10 section 688 of title 10 (3) voluntarily agrees to remain on active duty for a period of less than one year at a time when (A) officers are involuntarily retained on active duty under section 12305 of title 10 (B) the Secretary of Defense determines (pursuant to regulations prescribed by the Secretary) that special circumstances justify the payment of special pay under this section. (c)  Monthly Payments Payment of special pay pursuant to this section may be made on a monthly basis. The officer shall repay in the manner provided in section 303a(e) of this title (d)  Special Rule for Reserve Medical and Dental Officers While a reserve medical or dental officer receives a special pay under section 302 or 302b of this title by reason of subsection (a), the officer shall not be entitled to special pay under section 302(h) or 302b(h) of this title. (Added Pub. L. 102190, div. A, title VI,  634(a) Dec. 5, 1991 105 Stat. 1381 Pub. L. 104106, div. A, title XV,  1501(d)(4)(A) Feb. 10, 1996 110 Stat. 500 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 109163, div. A, title VI,  687(b)(9) Jan. 6, 2006 119 Stat. 3329  Editorial Notes Amendments 2006Subsec. (c). Pub. L. 109163 section 303a(e) of this title 2000Subsec. (d). Pub. L. 106398 section 302 of this title 1996Subsec. (b)(2), (3)(A). Pub. L. 104106 section 12305 of title 10 section 673c of title 10 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104106 Pub. L. 103337 Oct. 5, 1994 section 1501(f)(3) of Pub. L. 104106 section 113 of Title 10 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Active Duty in Connection With Operation Desert Storm Pub. L. 10225, title III,  304 Apr. 25, 1991 105 Stat. 81 Pub. L. 102190, div. A, title VI,  656 Dec. 5, 1991 105 Stat. 1393  (a)  Eligible for Special Pay A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), notwithstanding any requirement in those sections that (1) the call or order of the officer to active duty be for a period of not less than one year; or (2) the officer execute a written agreement to remain on active duty for a period of not less than one year. (b)  Health Care Officers Described A health care officer referred to in subsection (a) is an officer of the Armed Forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code, and who (1) is a reserve officer on active duty under a call or order to active duty for a period of less than one year in connection with Operation Desert Storm; (2) is involuntarily retained on active duty under section 673c [now 12305] of title 10, United States Code, or is recalled to active duty under section 688 of that title, in connection with Operation Desert Storm; or (3) voluntarily agrees to remain on active duty for a period of less than one year in connection with Operation Desert Storm. (c)  Monthly Payments Payment of special pay pursuant to this section may be made on a monthly basis. If the service on active duty of an officer described in subsection (b) is terminated before the end of the period for which a payment is made to the officer under subsection (a), the officer is entitled to special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), only for the portion of that period that the officer actually served on active duty. The officer shall refund any amount received in excess of the amount that corresponds to the period of active duty of the officer. (d)  Special Rule for Reserve Medical Officer While a reserve medical officer receives a special pay under section 302 of title 37 (e)  Period of Applicability Subsection (a) shall apply during the period beginning on August 1, 1990  302g. Special pay: Selected Reserve health care professionals in critically short wartime specialties (a)  Special Pay Authorized An officer of a reserve component of the armed forces described in subsection (b) who executes a written agreement under which the officer agrees to serve in the Selected Reserve of an armed force for a period of not less than one year nor more than three years, beginning on the date the officer accepts the award of special pay under this section, may be paid special pay at an annual rate not to exceed $25,000. (b)  Eligible Officers An officer referred to in subsection (a) is an officer in a health care profession who is qualified in a specialty designated by regulations as a critically short wartime specialty. (c)  Time for Payment Special pay under this section shall be paid annually at the beginning of each twelve-month period for which the officer has agreed to serve. (d)  Repayment An officer who does not complete the period of service in the Selected Reserve specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title (e)  Termination of Agreement Authority No agreement under this section may be entered into after December 31, 2018 (Added Pub. L. 104106, div. A, title VI,  614(a)(1) Feb. 10, 1996 110 Stat. 360 Pub. L. 104201, div. A, title VI,  611(a) Sept. 23, 1996 110 Stat. 2543 Pub. L. 10585, div. A, title VI,  611(a) Nov. 18, 1997 111 Stat. 1785 Pub. L. 105261, div. A, title VI,  611(a) Oct. 17, 1998 112 Stat. 2038 Pub. L. 10665, div. A, title VI,  611(a) Oct. 5, 1999 113 Stat. 649 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  611(a) Dec. 28, 2001 115 Stat. 1135 Pub. L. 107314, div. A, title VI,  612(e) Dec. 2, 2002 116 Stat. 2567 Pub. L. 108136, div. A, title VI,  612(e) Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI,  612(e) Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3294 Pub. L. 109364, div. A, title VI Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI,  612(e) Jan. 28, 2008 122 Stat. 148 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  612(b)(4) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  612(b)(4) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  612(b)(4) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  612(b)(4) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  612(b)(4) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  612(b)(4) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  612(b)(4) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  612(b)(4) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  612(b)(4) Dec. 12, 2017 131 Stat. 1422  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in Pub. L. 100456, div. A, title VI,  613 Sept. 29, 1988 102 Stat. 1981 section 302 of this title Pub. L. 104106,  614(c)(1) Amendments 2017Subsec. (e). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (e). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (e). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (e). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (e). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (e). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (e). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (e). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (a). Pub. L. 109364,  616(a) Subsec. (d). Pub. L. 109163,  687(b)(10)(A) Subsec. (e). Pub. L. 109364,  612(e) December 31, 2007 December 31, 2006 Pub. L. 109163,  687(b)(10)(A) Subsec. (f). Pub. L. 109163,  687(b)(10)(C) Pub. L. 109163,  622(e) December 31, 2006 December 31, 2005 2004Subsec. (f). Pub. L. 108375 December 31, 2005 December 31, 2004 2003Subsec. (f). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (f). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (f). Pub. L. 107107 December 31, 2002 December 31, 2001 2000Subsec. (f). Pub. L. 106398 December 31, 2001 December 31, 2000 1999Subsec. (f). Pub. L. 10665 December 31, 2000 December 31, 1999 1998Subsec. (f). Pub. L. 105261 December 31, 1999 September 30, 1999 1997Subsec. (f). Pub. L. 10585 September 30, 1999 September 30, 1998 1996Subsec. (f). Pub. L. 104201 September 30, 1998 September 30, 1997 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2006 Amendment Pub. L. 109364, div. A, title VI,  616(b) Oct. 17, 2006 120 Stat. 2249 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006 section 302g of title 37 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  302h. Special pay: accession bonus for dental officers (a)  Accession Bonus Authorized (1) A person who is a graduate of an accredited dental school and who, during the period beginning on September 23, 1996 December 31, 2018 (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. 104201, div. A, title VI,  615(c)(1) Sept. 23, 1996 110 Stat. 2545 Pub. L. 107107, div. A, title VI,  618 Dec. 28, 2001 115 Stat. 1137 Pub. L. 107314, div. A, title VI,  612(f) Dec. 2, 2002 116 Stat. 2568 Pub. L. 108136, div. A, title VI,  612(f) Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI,  612(f) Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3294 Pub. L. 109364, div. A, title VI Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI,  612(f) Jan. 28, 2008 122 Stat. 148 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  612(b)(5) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  612(b)(5) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  612(b)(5) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  612(b)(5) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  612(b)(5) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  612(b)(5) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  612(b)(5) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  612(b)(5) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  612(b)(5) Dec. 12, 2017 131 Stat. 1422  Editorial Notes Amendments 2017Subsec. (a)(1). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (a)(1). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (a)(1). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (a)(1). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (a)(1). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (a)(1). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (a)(1). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (a)(1). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (a)(1). Pub. L. 109364,  612(f) December 31, 2007 December 31, 2006 Pub. L. 109163,  622(f) December 31, 2006 December 31, 2005 Subsec. (a)(2). Pub. L. 109364,  617(a) Subsec. (d). Pub. L. 109163,  687(b)(11) 2004Subsec. (a)(1). Pub. L. 108375 December 31, 2005 December 31, 2004 2003Subsec. (a)(1). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (a)(1). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (a)(1). Pub. L. 107107 September 23, 1996 December 31, 2002 September 30, 2002 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2006 Amendment Pub. L. 109364, div. A, title VI,  617(e) Oct. 17, 2006 120 Stat. 2251  The amendments made by this section [enacting sections 302k and 302 l October 1, 2006 (1) entered into or revised under section 302h of title 37 (2) entered into under section 302k or 302 l 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  302i. Special pay: pharmacy officers (a)  Army, Navy, and Air Force Pharmacy Officers Under regulations prescribed pursuant to section 303a of this title (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 1 (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 O6. (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. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107314, div. A, title VI,  615(g) Dec. 2, 2002 116 Stat. 2569  Editorial Notes Amendments 2002Subsecs. (a), (b). Pub. L. 107314,  615(g)(1) Subsec. (c). Pub. L. 107314,  615(g)(2) on Eligibility for Special Pay Limitation Subsec. (d). Pub. L. 107314,  615(g)(3) (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 Application of Increase In case of amendment by section 615 of Pub. L. 107314 Sept. 30, 2002 section 615(i) of Pub. L. 107314 section 301d of this title  302j. Special pay: accession bonus for pharmacy officers (a)  Accession Bonus Authorized A person who is a graduate of an accredited pharmacy school and who, during the period beginning on October 30, 2000 December 31, 2018 (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. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107314, div. A, title X,  1062(c)(1) Dec. 2, 2002 116 Stat. 2650 Pub. L. 108375, div. A, title VI,  612(g) Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3294 Pub. L. 109364, div. A, title VI,  612(g) Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI,  612(g) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  612(b)(6) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  612(b)(6) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  612(b)(6) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  612(b)(6) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  612(b)(6) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  612(b)(6) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  612(b)(6) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  612(b)(6) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  612(b)(6) Dec. 12, 2017 131 Stat. 1422  Editorial Notes Amendments 2017Subsec. (a). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (a). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (a). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (a). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (a). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (a). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (a). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (a). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (a). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  622(g) December 31, 2006 December 31, 2005 Subsec. (e). Pub. L. 109163,  687(b)(12) 2004Subsec. (a). Pub. L. 108375 October 30, 2000 December 31, 2005 September 30, 2004 2002Subsec. (a). Pub. L. 107314 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  302k. Special pay: accession bonus for medical officers in critically short wartime specialties (a)  Accession Bonus Authorized A person who is a graduate of an accredited school of medicine or osteopathy in a specialty designated by regulations as a critically short wartime specialty and who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in the amount determined by the Secretary concerned. (b)  Amount of Bonus The amount of an accession bonus under subsection (a) may not exceed $400,000. (c)  Limitation on Eligibility for Bonus A person may not be paid a bonus under subsection (a) if (1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in medicine or osteopathy; or (2) the Secretary concerned determines that the person is not qualified to become and remain certified as a doctor or osteopath in a specialty designated by regulations as a critically short wartime specialty. (d)  Agreement The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed force concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Medical Corps of the Army or the Navy or as an officer of the Air Force designated as a medical officer in a specialty designated by regulations as a critically short wartime specialty. (e)  Repayment A person who, after executing an agreement under subsection (a) is not commissioned as an officer of the armed forces, does not become licensed as a doctor or osteopath, as the case may be, or does not complete the period of active duty in a specialty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title (f)  Termination of Authority No agreement under this section may be entered into after December 31, 2018 (Added Pub. L. 109364, div. A, title VI,  617(b) Oct. 17, 2006 120 Stat. 2249 Pub. L. 110181, div. A, title VI,  612(h) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  612(b)(7) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  612(b)(7) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  612(b)(7) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  612(b)(7) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  612(b)(7) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  612(b)(7) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  612(b)(7) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  612(b)(7) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  612(b)(7) Dec. 12, 2017 131 Stat. 1422  Editorial Notes Amendments 2017Subsec. (f). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (f). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (f). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (f). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (f). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (f). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (f). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (f). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date Section effective Oct. 1, 2006 section 617(e) of Pub. L. 109364 section 302h of this title  302l. Special pay: accession bonus for dental specialist officers in critically short wartime specialties (a)  Accession Bonus Authorized A person who is a graduate of an accredited dental school in a specialty designated by regulations as a critically short wartime specialty and who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in the amount determined by the Secretary concerned. (b)  Amount of Bonus The amount of an accession bonus under subsection (a) may not exceed $400,000. (c)  Limitation on Eligibility for Bonus A person may not be paid a bonus under subsection (a) if (1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in dentistry; or (2) the Secretary concerned determines that the person is not qualified to become and remain certified as a dentist in a specialty designated by regulations as a critically short wartime specialty. (d)  Agreement The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed force concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Dental Corps of the Army or the Navy or as an officer of the Air Force designated as a dental officer in a specialty designated by regulations as a critically short wartime specialty. (e)  Repayment A person who, after executing an agreement under subsection (a) is not commissioned as an officer of the armed forces, does not become licensed as a dentist, or does not complete the period of active duty in a specialty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title (f)  Coordination With Other Accession Bonus Authority A person eligible to execute an agreement under both subsection (a) and section 302h of this title (g)  Termination of Authority No agreement under this section may be entered into after December 31, 2018 (Added Pub. L. 109364, div. A, title VI,  617(c) Oct. 17, 2006 120 Stat. 2250 Pub. L. 110181, div. A, title VI,  612(i) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4485 Pub. L. 11184, div. A, title VI,  612(b)(8) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  612(b)(8) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  612(b)(8) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  612(b)(8) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  612(b)(8) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  612(b)(8) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  612(b)(8) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  612(b)(8) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  612(b)(8) Dec. 12, 2017 131 Stat. 1422  Editorial Notes Amendments 2017Subsec. (g). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (g). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (g). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (g). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (g). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (g). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (g). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (g). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date Section effective Oct. 1, 2006 section 617(e) of Pub. L. 109364 section 302h of this title  303. Special pay: veterinarians (a)  Monthly Special Pay Each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty: (1) A commissioned officer (A) of the Regular Army who is in the Veterinary Corps; (B) of the Regular Air Force who is an officer in the Biomedical Sciences Corps and holds a degree in veterinary medicine; or (C) who is a veterinary officer of the Regular Corps of the Public Health Service. (2) A commissioned officer (A) of a Reserve component of the Army who is in the Veterinary Corps of the Army; (B) of a reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who (i) is designated as a veterinary officer; or (ii) is an officer in the Biomedical Sciences Corps of the Air Force and holds a degree in veterinary medicine; or (C) who is a veterinary officer of the Reserve Corps 1 1 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 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 465 Pub. L. 882,  5 Mar. 28, 1963 77 Stat. 4 Pub. L. 9040,  5 June 30, 1967 81 Stat. 105 Pub. L. 92129, title I,  104 Sept. 28, 1971 85 Stat. 355 Pub. L. 9364, title II,  203 July 9, 1973 87 Stat. 149 Pub. L. 95114,  3 Sept. 30, 1977 91 Stat. 1046 Pub. L. 95485, title VIII,  801(b) Oct. 20, 1978 92 Stat. 1619 Pub. L. 96284,  4(c) June 28, 1980 94 Stat. 591 Pub. L. 10026,  8(d)(3) Apr. 21, 1987 101 Stat. 285 Pub. L. 100180, div. A, title XII,  1232 Dec. 4, 1987 101 Stat. 1161 Pub. L. 10225, title VII,  702(b)(2) Apr. 6, 1991 105 Stat. 117 Pub. L. 10665, div. A, title VI,  616(a) Oct. 5, 1999 113 Stat. 652 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654        Historical and Revision Notes  Revised section Source (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) 63 Stat. 809 June 25, 1952, ch. 459,  1 66 Stat. 156 June 29, 1953, ch. 158,  8 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. 864,  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 2000Subsec. (a)(1)(B). Pub. L. 106398,  1 [[div. A] Subsec. (a)(2)(B). Pub. L. 106398,  1 [[div. A] 1999 Pub. L. 10665 1991Par. (3). Pub. L. 10225 1987 Pub. L. 100180 Pub. L. 10026 1980 Pub. L. 96284 October 1, 1977 1978Subsec. (c). Pub. L. 95485 1977Subsec. (a). Pub. L. 95114 Oct. 1, 1977 Subsecs. (b), (c). Pub. L. 95114 1973Subsec. (a). Pub. L. 9364 July 1, 1975 July 1, 1973 1971Subsec. (a). Pub. L. 92129 July 1, 1973 July 1, 1971 1967Subsec. (a). Pub. L. 9040 July 1, 1971 July 1, 1967 1963Subsec. (a). Pub. L. 882 July 1, 1967 July 1, 1963 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 Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  616(b) Oct. 5, 1999 113 Stat. 652 The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1999 Effective Date of 1977 Amendment Amendment by Pub. L. 95114 Oct. 1, 1977 section 4 of Pub. L. 95114 section 302a of this title Effective Date of 1973 Amendment Amendment by Pub. L. 9364 July 1, 1973 section 206 of Pub. L. 9364 section 401 of this title  303a. Special pay: general provisions (a) The Secretary of Defense, with respect to the Army, Navy, and Air Force, and the Secretary of Health and Human Services, with respect to the Public Health Service, shall prescribe regulations for the administration of sections 301d, 302 through 302j, and 303 of this title. (b) (1) Except as provided in paragraph (2) or as otherwise provided under a provision of this chapter, a commissioned officer in the Regular or Reserve Corps 1 1 (2) A commissioned medical officer in the Regular or Reserve Corps 1 section 302(a)(4) of this title (A) Section 338B of the Public Health Service Act ( 42 U.S.C. 254 l (B) Section 225(e) of the Public Health Service Act, as that section was in effect before October 1, 1977 (C) Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977 August 13, 1981 (c) Special pay authorized under sections 301d, 302 through 302j, and 303 of this title is in addition to any other pay or allowance to which an officer is entitled. The amount of special pay to which an officer is entitled under any of such sections may not be included in computing the amount of any increase in pay authorized by any other provision of this title or in computing retired pay, separation pay, severance pay, or readjustment pay. (d) The Secretary of Defense shall conduct a review every two years of the special pay for health professionals authorized by sections 301d, 302 through 302j, and 303 of this title. (e)  Repayment of Unearned Portion of Bonuses and Other Benefits When Conditions of Payment not Met; Termination of Entitlement to Unpaid Amounts (1) (A) Except as provided in paragraphs (2) and (3), a member of the uniformed services who receives a bonus or similar benefit and whose receipt of the bonus or similar benefit is subject to the condition that the member continue to satisfy certain eligibility requirements shall repay to the United States an amount equal to the unearned portion of the bonus or similar benefit if the member fails to satisfy the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. (B) The Secretary concerned may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted. The Secretary concerned may specify in the regulations the conditions under which an installment payment of a bonus or similar benefit to be paid to a member of the uniformed services will not be made if the member no longer satisfies the eligibility requirements for the bonus or similar benefit. For the military departments, this subsection shall be administered under regulations prescribed by the Secretary of Defense. (2) (A) If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned (i) shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and (ii) may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. (B) In this paragraph, the term sole survivorship discharge means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which (i) the father or mother or one or more siblings (I) served in the Armed Forces; and (II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and (ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence. (3) (A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned (i) shall not require repayment by the member or the members estate of the unearned portion of any bonus or similar benefit previously paid to the member; and (ii) shall require the payment to the member or the members estate of the remainder of any bonus or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member. (B) Subparagraph (A) does not apply if the death or disability of the member is the result of the members misconduct. (C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus or similar benefit as if the member continued to be entitled to the bonus or similar benefit following the death, retirement, or separation. (D) Amounts to be paid to a member or the members estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies. (E) In this paragraph, the term combat-related disability has the meaning given that term in section 1413a(e) of title 10 (4) An obligation to repay the United States under this subsection is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after (A) the date of the termination of the agreement or contract on which the debt is based; or (B) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based. (5) In this subsection: (A) The term bonus or similar benefit means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this subsection. (B) The term service, as used in paragraph (4)(B), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus or similar benefit offered by the Secretary of Defense or the Secretary concerned (i) to remain on active duty or in an active status in a reserve component; (ii) to perform duty in a specified skill, with or without a specified qualification or credential; (iii) to perform duty at a specified location; or (iv) to perform duty for a specified period of time. (Added Pub. L. 96284,  5(a) June 28, 1980 94 Stat. 592 Pub. L. 96513, title V,  506(6) Dec. 12, 1980 94 Stat. 2919 Pub. L. 100140,  2(b)(1) Oct. 26, 1987 101 Stat. 831 Pub. L. 101189, div. A, title VII Nov. 29, 1989 103 Stat. 1472 Pub. L. 101510, div. A, title VI,  611(d) Nov. 5, 1990 104 Stat. 1577 Pub. L. 102484, div. A, title X,  1054(a)(3) Oct. 23, 1992 106 Stat. 2502 Pub. L. 104106, div. A, title VI,  614(b) Feb. 10, 1996 110 Stat. 361 Pub. L. 104201, div. A, title VI,  615(c)(3) Sept. 23, 1996 110 Stat. 2546 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 109163, div. A, title VI,  687(a)(1) Jan. 6, 2006 119 Stat. 3326 Pub. L. 110317,  2(a) Aug. 29, 2008 122 Stat. 3526 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4495 Pub. L. 11184, div. A, title VI,  617(a) Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title X,  1075(c)(1) Jan. 7, 2011 124 Stat. 4372  Editorial Notes  References in Text Section 225(e) of the Public Health Service Act, as that section was in effect before October 1, 1977 act July 1, 1944, ch. 373 section 234(e) of Title 42 Pub. L. 94484, title IV,  408(b)(1) Oct. 12, 1976 90 Stat. 2281 Oct. 1, 1977 Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977 August 13, 1981 act July 1, 1944, ch. 373, title VII Pub. L. 94484, title IV,  408(b)(1) Oct. 12, 1976 90 Stat. 2284 Pub. L. 95626, title I,  113(b) Nov. 10, 1978 92 Stat. 3563 Pub. L. 9676, title II,  202(a) Sept. 29, 1979 93 Stat. 582 section 294u of Title 42 July 1, 1944 Pub. L. 9735, title XXVII,  2709(a) Aug. 13, 1981 95 Stat. 908 July 1, 1944 section 254m of Title 42 Amendments 2011Subsec. (e)(3)(B). Pub. L. 111383 2009Subsec. (e)(1)(A). Pub. L. 11184,  617(a)(1) Subsec. (e)(1)(B), (2). Pub. L. 11184,  617(a)(5) Subsec. (e)(3) to (5). Pub. L. 11184,  617(a)(2) 2008Subsec. (e). Pub. L. 110417,  651(a)(1) Subsec. (e)(1). Pub. L. 110417,  651(a)(2)(A) Pub. L. 110317,  2(a)(1) Subsec. (e)(1)(A). Pub. L. 110417,  651(a)(2)(B) Subsec. (e)(1)(B). Pub. L. 110417,  651(a)(3) Pub. L. 110317,  2(a)(2) Subsec. (e)(2). Pub. L. 110417,  651(b) Pub. L. 110317,  2(a)(3) 2006 Pub. L. 109163,  687(e)(1) Subsec. (e). Pub. L. 109163,  687(a)(1) 2000 Pub. L. 106398,  1 [[div. A] Subsecs. (b) to (d). Pub. L. 106398,  1 [[div. A] 1996 Pub. L. 104201 Pub. L. 104106 1992Subsec. (b). Pub. L. 102484 1990Subsec. (a). Pub. L. 101510 Subsec. (b). Pub. L. 101510,  611(d) Subsec. (c). Pub. L. 101510 September 30, 1982 1989 Pub. L. 101189 1987 Pub. L. 100140 1980Subsec. (a). Pub. L. 96513,  506(6)(A) Subsec. (b). Pub. L. 96513,  506(6)(B) section 302c of this title 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 Effective Date of 2008 Amendment Amendment by Pub. L. 110317 Sept. 11, 2001 section 10 of Pub. L. 110317 section 2108 of Title 5 Effective Date of 2006 Amendment Pub. L. 109163, div. A, title VI,  687(a)(2) Jan. 6, 2006 119 Stat. 3327 Pub. L. 109364, div. A, title X,  1071(e)(6) Oct. 17, 2006 120 Stat. 2401 In the case of a provision of law amended by subsection (b), (c), or (d) of this section [amending sections 301b, 301d, 301e, 302, 302a, 302b, 302d to 302h, 302j, 307a, 308, 308b, 308c, 308g to 308i, 309, 312, 312b, 314 to 319, and 321 to 327 of this title, sections 510, 2005, 2007, 2105, 2123, 2130a, 2173, 2200a, 4348, 6959, 9348, 16135, 16203, 16303, and 16401 of Title 10, Armed Forces, and section 182 of Title 14 section 303a of title 37 March 30, 2006 Effective Date of 1987 Amendment Amendment by Pub. L. 100140 Oct. 26, 1987 section 2(c) of Pub. L. 100140 section 302c of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Sept. 15, 1981 section 701 of Pub. L. 96513 section 101 of Title 10  303b. Waiver of board certification requirements (a)  Certification Interrupted by Contingency Operation A member of the armed forces described in subsection (b) who completes the board certification or recertification requirements specified in section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of this title before the end of the period established for the member in subsection (c) shall be paid special pay under the applicable section for active duty performed during the period beginning on the date on which the member was assigned to duty in support of a contingency operation and ending on the date of that certification or recertification if the Secretary of Defense determines that the member was unable to schedule or complete that certification or recertification earlier because of that duty. (b)  Eligible Members Described A member of the armed forces referred to in subsection (a) is a member who (1) is a medical or dental officer or a nonphysician health care provider; (2) has completed any required residency training; and (3) was, except for the board certification requirement, otherwise eligible for special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of this title during a duty assignment in support of a contingency operation. (c)  Period for Certification The period referred to in subsection (a) for completion of board certification or recertification requirements with respect to a member of the armed forces is the 180-day period (extended for such additional time as the Secretary of Defense determines to be appropriate) beginning on the date on which the member is released from the duty to which the member was assigned in support of a contingency operation. (Added Pub. L. 102190, div. A, title VI,  635(a) Dec. 5, 1991 105 Stat. 1382  Statutory Notes and Related Subsidiaries Operation Desert Storm Duty Assignments Pub. L. 10225, title III,  305 Apr. 6, 1991 105 Stat. 82  (a)  Certification Interrupted by Operation Desert Storm A member of the Armed Forces described in subsection (b) who completes the board certification or recertification requirements specified in section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of title 37, United States Code, before the end of the period established for the member in subsection (c) shall be paid special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of such title (whichever applies) for active duty performed after November 5, 1990 (b)  Eligible Members Described A member of the Armed Forces referred to in subsection (a) is a member who (1) is a medical or dental officer or a nonphysician health care provider; (2) has completed any required residency training; and (3) was, except for the board certification requirement, otherwise eligible for special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of such title during the duty assignment in connection with Operation Desert Storm. (c)  Period for Certification The period referred to in subsection (a) for completion of board certification or recertification requirements with respect to a member of the Armed Forces is the 180-day period (extended for such additional time as the Secretary of Defense determines to be appropriate) beginning on the date that the member is released from the duty to which the member was assigned in connection with Operation Desert Storm.  304. Special pay: diving duty (a) Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is entitled to basic pay is entitled to special pay, in the amount set forth in subsection (b), for periods during which the member (1) is assigned by orders to the duty of diving; (2) is required to maintain proficiency as a diver by frequent and regular dives; and (3) either (A) actually performs diving duty while serving in an assignment for which diving is a primary duty; or (B) meets the requirements to maintain proficiency as described in paragraph (2) while serving in an assignment that includes diving duty other than as a primary duty. (b) Special pay payable under subsection (a) shall be paid at a rate of not more than $240 a month, in the case of an officer, and at a rate of not more than $340 a month, in the case of an enlisted member. (c) If, in addition to diving duty, a member is assigned by orders to one or more hazardous duties described in section 301 of this title (d) (1) Under regulations prescribed by the Secretary concerned and to the extent provided for by appropriations, when a member of the National Guard or a reserve component of a uniformed service who is entitled to compensation under section 206 of this title 1 30 section 204 of this title (A) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday; or (B) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe under section 206(a) of this title (2) This subsection does not apply to a member who is entitled to basic pay under section 204 of this title (e) In time of war, the President may suspend the payment of diving duty pay. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 465 Pub. L. 9760, title I,  115 Oct. 14, 1981 95 Stat. 995 Pub. L. 100180, div. A, title VI,  624(a) Dec. 4, 1987 101 Stat. 1103 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 105261, div. A, title VI,  616(a) Oct. 17, 1998 112 Stat. 2041 Pub. L. 10665, div. A, title VI,  617(a) Oct. 5, 1999 113 Stat. 652        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  304(a) 304(b) 37:236(a), (b). 37:236(c). Oct. 12, 1949, ch. 681,  205 63 Stat. 810 Mar. 31, 1955, ch. 20,  2(8) 69 Stat. 21 Aug. 17, 1961 Pub. L. 87145,  1 75 Stat. 382 In subsection (a), the last sentence is substituted for section 236(b) of existing title 37. The word competent is omitted as surplusage. Editorial Notes Amendments 1999Subsec. (b). Pub. L. 10665,  617(a) Subsec. (c). Pub. L. 10665,  617(b) section 301 of this title section 301(a) of this title section 301 of this title 1998Subsec. (a)(3). Pub. L. 105261 1991Subsec. (a). Pub. L. 10225 Subsec. (b). Pub. L. 10225 1987Subsecs. (d), (e). Pub. L. 100180 1981 Pub. L. 9760 section 301 of this title Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  617(c) Oct. 5, 1999 113 Stat. 652 The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 1999 Effective Date of 1998 Amendment Pub. L. 105261, div. A, title VI,  616(b) Oct. 17, 1998 112 Stat. 2041 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1998 Effective Date of 1987 Amendment Pub. L. 100180, div. A, title VI,  624(b) Dec. 4, 1987 101 Stat. 1104 The amendments made by subsection (a) [amending this section] shall take effect on the first day of the fourth calendar month following the month in which this Act is enacted [Dec. 1987] and shall apply only with respect to diving duty performed on or after that date.  305. Special pay: hardship duty pay (a)  Special Pay Authorized A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty that is designated by the Secretary of Defense as hardship duty. (b)  Payment on Monthly or Lump Sum Basis Special pay payable under this section may be paid on a monthly basis or in a lump sum. (c)  Maximum Rate or Amount (1) The monthly rate of special pay payable to a member under this section may not exceed $1,500. (2) The amount of the lump sum payment of special pay payable to a member under this section may not exceed the product of (A) the maximum monthly rate in effect under paragraph (1) at the time the member qualifies for payment of special pay under this section; and (B) the number of months during which the member will be performing the designated hardship duty. (d)  Relationship to Other Pay and Allowances Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled. (e)  Repayment A member who is paid special pay in a lump sum under this section, but who fails to perform the designated hardship duty during the months included in the calculation of the amount of the lump sum under subsection (c)(2), shall be subject to the repayment provisions of section 303a(e) of this title (f)  Regulations The Secretary of Defense shall prescribe regulations for the payment of hardship duty pay under this section, including the specific monthly rates at which the special pay will be available. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 465 Pub. L. 88132,  12(a) Oct. 2, 1963 77 Stat. 217 Pub. L. 90623,  3(4) Oct. 22, 1968 82 Stat. 1314 Pub. L. 95485, title VIII,  804(b)(1) Oct. 20, 1978 92 Stat. 1620 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 10585, div. A, title VI,  619(a) Nov. 18, 1997 111 Stat. 1789 Pub. L. 105261, div. A, title VI,  617(a) Oct. 17, 1998 112 Stat. 2041 Pub. L. 109163, div. A, title VI,  627 Jan. 6, 2006 119 Stat. 3296 Pub. L. 110181, div. A, title VI,  617 Jan. 28, 2008 122 Stat. 150        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  305(a) 37:237. Oct. 12, 1949, ch. 681,  206 63 Stat. 811 May 20, 1958 Pub. L. 85422,  1(7) 72 Stat. 125 305(b) 37:237a. June 30, 1954, ch. 432,  729 68 Stat. 355 In subsection (a), the words Except as provided by subsection (b) of this section are inserted for clarity. The words is also . . . entitled are substituted for the words shall, in addition thereto . . . be entitled. The words any place outside the United States, or in Alaska or Hawaii are substituted for the words beyond the continental limits of the United States or in Alaska, since, under the source statute, Hawaii was beyond the continental limits of the United States, and the United States, as defined in section 101(1) of this revised title, would otherwise include Alaska and Hawaii. This interpretation conforms to the opinion of the Comptroller General, B138956, April 20, 1959 In subsection (b), the words Appropriation of are substituted for the words of the funds appropriated to The words may not be paid are substituted for the words no part . . . shall be available for the payment The words member of a uniformed service are substituted for the words person in the military service to conform to subsection (a). The words Puerto Rico are inserted for clarity, since the source statute was applicable to that place. The words Virgin Islands are inserted, since that unincorporated territory is not covered by the word possession. The word Territory is omitted as obsolete. Editorial Notes Amendments 2008 Pub. L. 110181 (a) Special Pay Authorized (b) Regulations 2006Subsec. (a). Pub. L. 109163 1998 Pub. L. 105261,  617(c)(1) Subsec. (a). Pub. L. 105261,  617(a)(1) Subsec. (b). Pub. L. 105261,  617(a)(4) Pub. L. 105261,  617(a)(2) Subsec. (c). Pub. L. 105261,  617(a)(2) section 305a of this title Subsec. (d). Pub. L. 105261,  617(a)(4) Pub. L. 105261,  617(a)(3) 1997 Pub. L. 10585,  619(c)(1) Subsec. (a). Pub. L. 10585,  619(a)     Pay grade Monthly rate  E9 $22.50 E8 22.50 E7 22.50 E6 20.00 E5 16.00 E4 13.00 E3 9.00 E2 8.00 E1 8.00. Subsec. (b). Pub. L. 10585,  619(b)(1) Subsec. (c). Pub. L. 10585,  619(b)(2) Subsec. (d). Pub. L. 10585,  619(b)(3) 1991Subsec. (a). Pub. L. 10225 Subsec. (b). Pub. L. 10225 1978 Pub. L. 95485,  804(b)(1)(C) Subsec. (a). Pub. L. 95485,  804(b)(1)(A) Subsec. (c). Pub. L. 95485,  804(b)(1)(B) 1968Subsec. (a)(2). Pub. L. 90623 1963 Pub. L. 88132 Subsec. (a). Pub. L. 88132 Subsec. (b). Pub. L. 88132 Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment Pub. L. 95485, title VIII,  804(b)(3) Oct. 20, 1978 92 Stat. 1621 The amendments made by this subsection [amending this section] shall take effect on October 1, 1978 Effective Date of 1968 Amendment Amendment by Pub. L. 90623 Oct. 22, 1968 section 6 of Pub. L. 90623 section 5334 of Title 5 Effective Date of 1963 Amendment Amendment by Pub. L. 88132 Oct. 1, 1963 section 14 of Pub. L. 88132 section 201 of this title Savings Provision Pub. L. 88132,  12(b) Oct. 2, 1963 77 Stat. 218 Notwithstanding subsection (a) [amending this section], an enlisted member who, on the day before the effective date of this Act [ Oct. 1, 1963 section 305(a)(2) of title 37 section 305 of title 37 section 203 of this title Transition Provision Pub. L. 10585, div. A, title VI,  619(e) Nov. 18, 1997 111 Stat. 1790 Until such time as the Secretary of Defense prescribes regulations regarding the provision of hardship duty location pay under section 305 of title 37 Nov. 18, 1997 Sea Duty Performed Between October 1, 1978 September 30, 1981 Pub. L. 95485, title VIII,  804(c) Oct. 20, 1978 92 Stat. 1621 Any individual who on September 30, 1978 section 305(a)(1) of title 37 September 30, 1978 October 1, 1978 September 30, 1981 Executive Documents  Executive Order No. 10168 Ex. Ord. No. 10168, Oct. 11, 1950 May 20, 1959 Jan. 23, 1962 Oct. 2, 1963 June 22, 1964 section 301 of this title  305a. Special pay: career sea pay (a)  Availability of Special Pay A member of a uniformed service who is entitled to basic pay is also entitled, while on sea duty, to special pay at the applicable rate under subsection (b). (b)  Rates; Maximum The Secretary concerned shall prescribe the monthly rates for special pay applicable to members of each armed force under the Secretarys jurisdiction. No monthly rate may exceed $750. (c)  Premium A member of a uniformed service entitled to career sea pay under this section who has served 36 consecutive months of sea duty is also entitled to a career sea pay premium for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member. The monthly amount of the premium shall be prescribed by the Secretary concerned, but may not exceed $350. (d)  Regulations The Secretary concerned shall prescribe regulations for the administration of this section for the armed force or armed forces under the jurisdiction of the Secretary. The entitlements under this section shall be subject to the regulations. (e)  Definition of Sea Duty (1) In this section, the term sea duty means duty performed by a member (A) while permanently or temporarily assigned to a ship and (i) while serving on a ship the primary mission of which is accomplished while under way; (ii) while serving as a member of the off-crew of a two-crewed submarine; (iii) while serving as a member of a tender-class ship (with the hull classification of submarine or destroyer); or (iv) while serving as an off-cycle crewmember of a multi-crewed ship; or (B) while permanently or temporarily assigned to a ship and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport. (2) The Secretary concerned may designate duty performed by a member while serving on a ship the primary mission of which is accomplished either while under way or in port as sea duty for purposes of this section, even though the duty is performed while the member is permanently or temporarily assigned to a ship-based staff or other unit not covered by paragraph (1). (3) For the purpose of determining the years of sea duty with which a member may be credited for purposes of this section, the term sea duty also includes duty performed after December 31, 1988 (4) A ship shall be considered to be away from its homeport for purposes of this subsection when it is (A) at sea; or (B) in a port that is more than 50 miles from its homeport. (Added Pub. L. 95485, title VIII,  804(a)(1) Oct. 20, 1978 92 Stat. 1620 Pub. L. 96343,  3(a) Sept. 8, 1980 94 Stat. 1124 Pub. L. 96579,  4(a) Dec. 23, 1980 94 Stat. 3364 Pub. L. 9760, title I,  116 Oct. 14, 1981 95 Stat. 996 Pub. L. 97295,  3(1) Oct. 12, 1982 96 Stat. 1303 Pub. L. 98525, title VI,  623(a) Oct. 19, 1984 98 Stat. 2541 Pub. L. 99145, title VI,  634(a) Nov. 8, 1985 99 Stat. 647 Pub. L. 10026,  8(e)(5) Apr. 21, 1987 101 Stat. 286 Pub. L. 100180, div. A, title VI,  621(a) Dec. 4, 1987 101 Stat. 1097 Pub. L. 100224,  5(a)(1) Dec. 30, 1987 101 Stat. 1538 Pub. L. 100456, div. A, title XII,  1233(b)(1) Sept. 29, 1988 102 Stat. 2057 Pub. L. 101189, div. A, title VI,  653(b) Nov. 29, 1989 103 Stat. 1462 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102190, div. A, title XI,  1111(d)(3) Dec. 5, 1991 105 Stat. 1492 Pub. L. 104106, div. A, title VI,  618 Feb. 10, 1996 110 Stat. 362 Pub. L. 10585, div. A, title VI,  620 Nov. 18, 1997 111 Stat. 1790 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 110181, div. A, title VI,  618 Jan. 28, 2008 122 Stat. 151  Editorial Notes Amendments 2008Subsec. (e)(1)(A)(iv). Pub. L. 110181 2000Subsec. (a). Pub. L. 106398,  1 [[div. A] Subsec. (b). Pub. L. 106398,  1 [[div. A] Subsec. (c). Pub. L. 106398,  1 [[div. A] Subsec. (d). Pub. L. 106398,  1 [[div. A] Subsec. (e). Pub. L. 106398,  1 [[div. A] 1997Subsec. (d)(1)(A). Pub. L. 10585,  620(1) Subsec. (d)(1)(B). Pub. L. 10585,  620(2) Subsec. (d)(2) to (4). Pub. L. 10585,  620(3) 1996Subsec. (d)(1)(A). Pub. L. 104106 1991Subsec. (a). Pub. L. 10225 Subsec. (b). Pub. L. 102190 1989Subsec. (b). Pub. L. 101189 1988Subsec. (d)(2). Pub. L. 100456 December 31, 1988 1987Subsec. (b). Pub. L. 100224 Pub. L. 100180,  621(a) Subsec. (c). Pub. L. 100180,  621(b) Subsec. (d). Pub. L. 100180,  621(c) (1) while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and while serving on a ship the primary mission of which is accomplished while underway or while serving as a member of the off crew of a two-crewed submarine; or (2) while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport for 30 consecutive days or more. A ship is considered away from its homeport for purposes of clause (2) of the first sentence when it is at sea or in a port that is more than 50 miles from its homeport. Pub. L. 10026 1985Subsec. (b). Pub. L. 99145 1984Subsec. (b). Pub. L. 98525 1982Subsec. (d). Pub. L. 97295 1981Subsec. (d)(1). Pub. L. 9760 1980Subsec. (a). Pub. L. 96579 Subsec. (b). Pub. L. 96579 Pub. L. 96343 Subsecs. (c), (d). Pub. L. 96579 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 The amendments made by this section [amending this section] shall take effect on October 1, 2000 Effective Date of 1991 Amendment Amendment by Pub. L. 102190 Feb. 1, 1992 section 1132 of Pub. L. 102190 section 521 of Title 10 Effective Date of 1987 Amendment; Save Pay; Definitions Pub. L. 100180, div. A, title VI,  621(d) Dec. 4, 1987 101 Stat. 1100  (d)  Save Pay A member of the uniformed services who at any time during the three-month period ending on the day before the effective date applicable to that member under subsection (e) for the new rates of career sea pay is entitled to career sea pay at a rate that is higher than the rate established under such new rates for the members pay grade and years of sea duty shall be paid such special pay, when entitled to receive it, at such higher rate until the member is permanently reassigned to duty for which the member is not entitled to such special pay. In the case of a member covered by the preceding sentence who is reduced in grade under the Uniform Code of Military Justice (chapter 47 of title 10, United States Code), the old rate of career sea pay applicable to such member under the preceding sentence which may be paid in lieu of the rate applicable to the member under the new rates of career sea pay shall be the rate under the old rates of career sea pay for the members pay grade as so reduced and the members years of sea duty. (e)  Effective Date (1) Except as provided under paragraph (2), the amendments made by this section [amending this section] shall take effect on the first day of the first month beginning after the date of the enactment of this Act [ Dec. 4, 1987 (2) The new rates of career sea pay that are applicable to enlisted members in pay grades above pay grade E-4 who have five or more years of sea duty and the amendment made by subsection (b) [amending this section] shall take effect on the first day of the fourth month beginning after the effective date specified under paragraph (1). In the case of such members, the old rates of career sea pay shall remain in effect until the new rates take effect under the preceding sentence. (f)  Definitions For purposes of subsections (d) and (e): (1) The term career sea pay means special pay under section 305a of title 37 (2) The term old rates, with respect to career sea pay, means the rates of such pay in effect on the date of the enactment of this Act [ Dec. 4, 1987 (3) The term new rates, with respect to career sea pay, means the rates of such pay provided by the amendment made by subsection (a) [amending this section]. Effective Date of 1985 Amendment Pub. L. 99145, title VI,  634(b) Nov. 8, 1985 99 Stat. 647 The amendment made by this section [amending this section] shall take effect on October 1, 1985 Effective Date of 1984 Amendment Pub. L. 98525, title VI,  623(c) Oct. 19, 1984 98 Stat. 2542 The amendments made by this section [amending this section and section 307 of this title October 1, 1984 Effective Date of 1980 Amendments Pub. L. 96579,  4(b) Dec. 23, 1980 94 Stat. 3366 The amendment made by this section [amending this section] shall be effective with respect to special pay payable under section 305a of title 37 Pub. L. 96343,  3(c) Sept. 8, 1980 94 Stat. 1124 The amendments made by this section [amending this section and repealing section 804(a)(2) of Pub. L. 95485 section 305a of title 37 Effective Date Pub. L. 95485, title VIII,  804(a)(1) Oct. 20, 1978 92 Stat. 1620 Oct. 1, 1978 Repeals Pub. L. 95485, title VIII,  804(a)(2) Oct. 20, 1978 92 Stat. 1620 Oct. 1, 1981 Pub. L. 96343,  3(b) Sept. 8, 1980 94 Stat. 1124 Determination of Amount of Sea Credit; Periods Prior to October 1, 1978 Pub. L. 95485, title VIII,  804(a)(3) Oct. 20, 1978 92 Stat. 1620 In determining the amount of sea duty to be credited to an enlisted member of a uniformed service for purposes of section 305a of title 37 October 1, 1978  305b. Special pay: service as member of Weapons of Mass Destruction Civil Support Team (a)  Special Pay Authorized The Secretary of a military department may pay special pay under this subsection to members of an armed force under the jurisdiction of the Secretary who are entitled to basic pay under section 204 and are assigned by orders to duty as members of a Weapons of Mass Destruction Civil Support Team if the Secretary determines that the payment of such special pay is needed to address recruitment or retention concerns in that armed force. (b)  Monthly Rate The monthly rate of special pay under subsection (a) may not exceed $150. (c)  Inclusion of Reserve Component Members Performing Inactive Duty Training (1) To the extent funds are made available to carry out this subsection, the Secretary of a military department may pay the special pay under subsection (a) to members of a reserve component of the armed forces who are entitled to compensation under section 206 of this title (2) The amount of the special pay for a member referred to in paragraph (1) shall be equal to 1 30 (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 (Added Pub. L. 108136, div. A, title VI,  624(a) Nov. 24, 2003 117 Stat. 1505  306. Special pay: officers holding positions of unusual responsibility and of critical nature (a) (1) The Secretary concerned may designate positions of unusual responsibility which are of a critical nature to an armed force under his jurisdiction and may pay special pay, in addition to other pay prescribed by law, to an officer of an armed force described in paragraph (2) who is performing the duties of such a position, at the following monthly rates:     Pay Grade Monthly Rate  O6 $150 O5 100 O4 and below 50 (2) An officer of the armed forces referred to in paragraph (1) is an officer who is entitled to the basic pay under section 204 of this title section 206 of this title (b) If an officer entitled to compensation under section 206 of this title 1 30 (c) The Secretary concerned shall prescribe the criteria and circumstances under which officers of an armed force under his jurisdiction are eligible for special pay under this section and, when he considers it necessary, may abolish that special pay. (d) (1) Not more than 5 percent of the number of officers on active duty (other than for training or mobilization in support of a contingency operation) in an armed force in each of the pay grades O3 and below, and not more than 10 percent of the number of officers on active duty in an armed force in pay grade O4, O5, or O6, may be paid special pay under this section. (2) Of the number of officers in the Selected Reserve of the Ready Reserve of an armed force who are not on active duty (other than for training or mobilization in support of a contingency operation), not more than 5 percent of the number of such officers in each of the pay grades O3 and below, and not more than 10 percent of the number of such officers in pay grade O4, O5, or O6, may be paid special pay under subsection (b). (e) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction, and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy. (f) This section does not apply to a person who is entitled to special pay under section 302, 302a, 302b, or 303 of this title. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 466 Pub. L. 90623,  3(1) Oct. 22, 1968 82 Stat. 1314 Pub. L. 96284,  6 June 28, 1980 94 Stat. 593 Pub. L. 96470, title II,  202(b) Oct. 19, 1980 94 Stat. 2242 Pub. L. 97322, title I,  116 Oct. 15, 1982 96 Stat. 1586 Pub. L. 101510, div. A, title XIII,  1322(c)(3) Nov. 5, 1990 104 Stat. 1672 Pub. L. 102587, title V,  5205 Nov. 4, 1992 106 Stat. 5074 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 108136, div. A, title VI,  616 Nov. 24, 2003 117 Stat. 1502        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  306(a) 37:241(a) (less last sentence). Oct. 12, 1949, ch. 681,  210 May 20, 1958 Pub. L. 85422,  1(8) 72 Stat. 126 306(b) 37:241(a) (last sentence). 306(c) 37:241(b). 306(d) 37:241(c). 306(e) 37:241(d). 306(f) 37:241(e). In subsection (a), the words an armed force under his jurisdiction are substituted for the words the service concerned in the first sentence of section 241(a) of existing title 37 to conform to the last sentence of that subsection. In subsection (c), the words (other than for training) are inserted for clarity, since members on duty for training only are not included in computing strength authorizations. Editorial Notes Amendments 2003Subsec. (a). Pub. L. 108136,  616(a)(1) Subsec. (b). Pub. L. 108136,  616(a)(3) Subsec. (c). Pub. L. 108136,  616(a)(2) Subsec. (d). Pub. L. 108136,  616(b) Pub. L. 108136,  616(a)(2) Subsecs. (e), (f). Pub. L. 108136,  616(a)(2) 2002Subsec. (d). Pub. L. 107296 1992Subsec. (a). Pub. L. 102587,  5205(a) Subsec. (c). Pub. L. 102587,  5205(b) 1990Subsec. (f). Pub. L. 101510 1982Subsec. (f). Pub. L. 97322 1980Subsec. (e). Pub. L. 96284 Subsec. (f). Pub. L. 96470 1968Subsecs. (d), (f). Pub. L. 90623 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1968 Amendment Amendment by Pub. L. 90623 October 22, 1968 section 6 of Pub. L. 90623 section 5334 of Title 5  306a. Special pay: members assigned to international military headquarters  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. 98525, 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. 98473, title I,  101(h) [title VIII,  8005] 98 Stat. 1904 Dec. 8, 1983 Pub. L. 98212, title VII,  708 97 Stat. 1438 Dec. 21, 1982 Pub. L. 97377, title I,  101(c) [title VII,  708] 96 Stat. 1833 Dec. 29, 1981 Pub. L. 97114, title VII,  708 95 Stat. 1579 Dec. 15, 1980 Pub. L. 96527, title VII,  708 94 Stat. 3081 Dec. 21, 1979 Pub. L. 96154, title VII,  708 93 Stat. 1152 Oct. 13, 1978 Pub. L. 95457, title VIII,  808 92 Stat. 1244 Sept. 21, 1977 Pub. L. 95111, title VIII,  807 91 Stat. 899 Sept. 22, 1976 Pub. L. 94419, title VII,  707 90 Stat. 1291 Feb. 9, 1976 Pub. L. 94212, title VII,  707 90 Stat. 168 Oct. 8, 1974 Pub. L. 93437, title VIII,  807 88 Stat. 1225 Jan. 2, 1974 Pub. L. 93238, title VII,  707 87 Stat. 1038 Oct. 26, 1972 Pub. L. 92570, title VII,  707 86 Stat. 1196 Dec. 18, 1971 Pub. L. 92204, title VII,  707 85 Stat. 727 Jan. 11, 1971 Pub. L. 91668, title VIII,  807 84 Stat. 2030 Dec. 29, 1969 Pub. L. 91171, title VI,  607 83 Stat. 480 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 1985 section 1404 of Pub. L. 98525 section 520b of Title 10  307. Special pay: special duty assignment pay for enlisted members (a) An enlisted member who is entitled to basic pay and is performing duties which have been designated under subsection (b) as extremely difficult or as involving an unusual degree of responsibility in a military skill may, in addition to other pay or allowances to which he is entitled, be paid special duty assignment pay at a monthly rate not to exceed $600. (b) The Secretary concerned shall determine which enlisted members under his jurisdiction are to be paid special duty assignment pay under subsection (a). He shall also designate those skills within each armed force under his jurisdiction for which special duty assignment pay is authorized and shall prescribe the criteria under which members of that armed force are eligible for special duty assignment pay in each skill. He may increase, decrease, or abolish such pay for any skill. (c) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy. (d) (1) Under regulations prescribed by the Secretary concerned and to the extent provided for by appropriations, when an enlisted member of the National Guard or a reserve component of a uniformed service who is entitled to compensation under section 206 of this title 1 30 (2) A member of the National Guard or a reserve component entitled to an increase in compensation under paragraph (1) is entitled to the increase (A) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday; or (B) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe under section 206(a) of this title (3) This subsection does not apply to a member of the National Guard or a reserve component who is entitled to basic pay under section 204 of this title ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 467 Pub. L. 90623,  3(1) Oct. 22, 1968 82 Stat. 1314 Pub. L. 98525, title VI,  623(b)(1) Oct. 19, 1984 98 Stat. 2541 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 104106, div. A, title VI,  619(a) Feb. 10, 1996 110 Stat. 363 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  307(a) 307(b) 307(c) 307(d) 37:240(a). 37:240(b). 37:240(c). 37:240(d). Oct. 12, 1949, ch. 681,  209 May 20, 1958 Pub. L. 85422,  1(8) 72 Stat. 125 In subsection (a)(1), the words prescribed in section 232(a) of this title In subsection (a)(2), the words special or incentive pays are omitted as surplusage. In subsections (a)(1) and (b), the word allowances is omitted, since, under sections 402 and 403 of this revised title, allowances depend upon pay grade to which assigned, or in which distributed for basic pay purposes. In subsection (b), the words computed under section 205 of this title Editorial Notes Amendments 2002Subsec. (c). Pub. L. 107296 2000Subsec. (a). Pub. L. 106398,  1 [[div. A] Subsec. (d). Pub. L. 106398,  1 [[div. A] 1996Subsec. (a). Pub. L. 104106 1991Subsec. (a). Pub. L. 10225 Subsec. (b). Pub. L. 10225 1984 Pub. L. 98525 Subsec. (a). Pub. L. 98525 Subsec. (b). Pub. L. 98525 section 205 of this title Subsecs. (c), (d). Pub. L. 98525 1968Subsec. (d). Pub. L. 90623 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 2000 Amendment Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 The amendment made by subsection (a) [amending this section] shall take effect October 1, 2000 Effective Date of 1996 Amendment Pub. L. 104106, div. A, title VI,  619(b) Feb. 10, 1996 110 Stat. 363 The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1996 Effective Date of 1984 Amendment Amendment by Pub. L. 98525 Oct. 1, 1984 section 623(c) of Pub. L. 98525 section 305a of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90623 Oct. 22, 1968 section 6 of Pub. L. 90623 section 5334 of Title 5 Members Entitled to Special Pay as of September 30, 1984 Pub. L. 98525, title VI,  623(b)(3) Oct. 19, 1984 98 Stat. 2542 A member of the uniformed services who, on September 30, 1984 section 307 of title 37 September 30, 1984  307a. Special pay: assignment incentive pay (a)  Authority The Secretary concerned may pay incentive pay under this section to a member of a uniformed service who performs service, while entitled to basic pay, in an assignment designated by the Secretary concerned. Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments. (b)  Written Agreement (1) The Secretary concerned may require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a monthly basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the monthly rate of the incentive pay. (2) The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each installment, of the incentive pay. (c)  Maximum Rate or Amount (1) The maximum monthly rate of incentive pay payable to a member on a monthly basis under this section is $3,000. (2) The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of (A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b)(2); and (B) the number of months in the period for which incentive pay will be paid pursuant to the agreement. (3) The amount of each installment payment of incentive pay payable to a member on an installment basis under this section shall be the amount equal to (A) the product of (i) a monthly rate specified in the written agreement of the member under subsection (b)(2) (which monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which incentive pay will be paid; divided by (B) the number of installments over such period. (4) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for the period of the extension may be paid under this section on a monthly basis, in a lump sum, or in installments in accordance with this section. (d)  Repayment A member who enters into an agreement under this section and receives incentive pay under the agreement in a lump sum or installments, but who fails to complete the period of service covered by the payment, whether voluntarily or because of misconduct, shall be subject to the repayment provisions of section 303a(e) of this title (e)  Relationship to Other Pay and Allowances Incentive pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled. (f)  Status Not Affected by Temporary Duty or Leave The service of a member in an assignment referred to in subsection (a) shall not be considered discontinued during any period that the member is not performing service in the assignment by reason of (1) temporary duty performed by the member pursuant to orders; or (2) absence of the member for authorized leave, other than leave authorized for a period ending upon the discharge of the member or the release of the member from active duty. (g)  Termination of Authority No agreement under this section may be entered into after December 31, 2018 (Added Pub. L. 107314, div. A, title VI,  616(a)(1) Dec. 2, 2002 116 Stat. 2569 Pub. L. 108375, div. A, title VI Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3295 Pub. L. 109364, div. A, title VI,  614(b) Oct. 17, 2006 120 Stat. 2248 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4485 Pub. L. 11184, div. A, title VI,  615(2) Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  615(2) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  615(2) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  615(2) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  615(2) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  615(2) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  615(2) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  615(2) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  615(2) Dec. 12, 2017 131 Stat. 1423  Editorial Notes Amendments 2017Subsec. (g). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (g). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (g). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (g). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (g). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (g). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (g). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (g). Pub. L. 110417 December 31, 2009 December 31, 2008 2006Subsec. (a). Pub. L. 109163,  628(a)(1) Subsec. (b). Pub. L. 109163,  628(a)(2) Subsec. (c). Pub. L. 109163,  628(b) Subsec. (d). Pub. L. 109163,  687(b)(13) (1) A member who, pursuant to an agreement under subsection (b)(2), receives a lump sum or installment payment of incentive pay under this section and who fails to complete the total period of service or other conditions specified in the agreement voluntarily or because of misconduct, shall refund to the United States an amount equal to the percentage of incentive pay paid which is equal to the unexpired portion of the service divided by the total period of service. The Secretary concerned may waive repayment of an amount of incentive pay under this section, in whole or in part, if the Secretary determines that conditions and circumstances warrant. (2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. (3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of the agreement does not discharge the member signing the agreement from a debt arising under paragraph (1). Pub. L. 109163,  628(c) Subsec. (e). Pub. L. 109163,  628(c)(1) Subsec. (f). Pub. L. 109163,  628(c)(1) Pub. L. 109163,  624(b) December 31, 2007 December 31, 2006 Subsec. (g). Pub. L. 109364 December 31, 2008 December 31, 2007 Pub. L. 109163,  628(c)(1) 2004Subsec. (b). Pub. L. 108375,  617(a) Subsec. (e). Pub. L. 108375,  617(b) Subsec. (f). Pub. L. 108375,  614(b) December 31, 2006 December 31, 2005 Statutory Notes and Related Subsidiaries Effective Date of 2004 Amendment Pub. L. 108375, div. A, title VI,  617(c) Oct. 28, 2004 118 Stat. 1949 Paragraph (2) of section 307a(e) of title 37 Oct. 28, 2004 Savings Provision For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Payment of Assignment Incentive Pay for Reserve Members Serving in Combat Zone for More Than 22 Months Pub. L. 110181, div. A, title VI,  624 Jan. 28, 2008 122 Stat. 153 Pub. L. 111383, div. A, title X,  1075(f)(1) Jan. 7, 2011 124 Stat. 4375  (a)  Payment The Secretary of a military department may pay assignment incentive pay under section 307a of title 37 (b)  Eligibility Period The eligibility period for a member extends from January 1, 2005 January 19, 2007 (c)  Amount of Payment The monthly rate of incentive pay payable to a member under this section is $1,000. (d)  Qualifying Service For purposes of this section, qualifying service includes cumulative mobilized service on active duty under sections 12301(d), 12302, and 12304 of title 10, United States Code, during the period beginning on January 1, 2003 January 19, 2007 Annual Report Pub. L. 107314, div. A, title VI,  616(b) Dec. 2, 2002 116 Stat. 2570 Feb. 28, 2004 Feb. 28, 2005  308. Special pay: reenlistment bonus (a) (1) The Secretary concerned may pay a bonus under paragraph (2) to a member of a uniformed service who (A) has completed at least 17 months of continuous active duty (other than for training) but not more than 20 years of active duty; (B) is qualified in a military skill designated as critical by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as service in the Navy; and (C) reenlists or voluntarily extends the members enlistment for a period of at least three years (i) in a regular component of the service concerned; or (ii) in a reserve component of the service concerned, if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10 (2) The bonus to be paid under paragraph (1) may not exceed the lesser of the following amounts: (A) The amount equal to the product of (i) 15 times the monthly rate of basic pay to which the member was entitled at the time of the discharge or release of the member; and (ii) the number of years (or the monthly fractions thereof) of the term of reenlistment or extension of enlistment. (B) $90,000. (3) Any portion of a term of reenlistment or extension of enlistment of a member that, when added to the total years of service of the member at the time of discharge or release, exceeds 24 years may not be used in computing a bonus under paragraph (2)(A). (4) Notwithstanding paragraph (1)(B), a member who agrees to train and reenlist for service in a military skill which, at the time of that agreement, is designated as critical, may be paid the bonus approved for that skill, at the rate in effect at the time of agreement, upon completion of training and qualification in that skill, if otherwise qualified under this subsection and even if that skill is no longer designated as critical at the time the member becomes eligible for payment of the bonus. (5) The Secretary of Defense may waive the eligibility requirement in paragraph (1)(B) in the case of a reenlistment or voluntary extension of enlistment by a member of the armed forces that is entered into as described in this subsection while the member is serving on active duty in Afghanistan, Iraq, or Kuwait in support of Operation Enduring Freedom or Operation Iraqi Freedom. (b) Bonus payments authorized under this section may be paid in either a lump sum or in installments. If the bonus is paid in installments, the initial payment shall be not less than 50 percent of the total bonus amount. (c) For the purpose of computing the reenlistment bonus in the case of an officer with prior enlisted service who may be entitled to a bonus under subsection (a), the monthly basic pay of the grade in which he is enlisted, computed in accordance with his years of service computed under section 205 of this title (d) A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to the member under this section, shall be subject to the repayment provisions of section 303a(e) of this title (e) For the purposes of determining the eligibility of a member for a bonus under this section and of computing the amount of that bonus (1) any period of enlistment (including any extension of an enlistment) (A) that is incurred by the member for the purpose of continuing to qualify for continuous submarine duty incentive pay under section 301c of this title (2) any unserved period of two years or less of an extension of an enlistment for which no bonus has been paid or for which no bonus is otherwise payable under this section, may, under regulations prescribed by the Secretary concerned, be considered as part of an immediately subsequent term of reenlistment (or as part of an immediately subsequent voluntary extension of an enlistment). (f) 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 with respect to the Coast Guard when it is not operating as a service in the Navy. (g) No bonus shall be paid under this section with respect to any reenlistment, or voluntary extension of an active-duty enlistment, in the armed forces entered into after December 31, 2018 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 467 Pub. L. 89132,  3 Aug. 21, 1965 79 Stat. 547 Pub. L. 90623,  3(1) Oct. 22, 1968 82 Stat. 1314 Pub. L. 93277,  2(1) May 10, 1974 88 Stat. 119 Pub. L. 9557,  1 June 29, 1977 91 Stat. 253 Pub. L. 95485, title VIII,  802(a)(1) Oct. 20, 1978 92 Stat. 1619 Pub. L. 96342, title VIII,  804(a) Sept. 8, 1980 94 Stat. 1092 Pub. L. 96579,  3(f) Dec. 23, 1980 94 Stat. 3364 Pub. L. 9760, title I,  117(a) Oct. 14, 1981 95 Stat. 996 Pub. L. 97276, title I,  131 Oct. 2, 1982 96 Stat. 1197 Pub. L. 97377, title I,  101(c) [title VII,  798] Dec. 21, 1982 96 Stat. 1833 Pub. L. 9814,  1 Mar. 30, 1983 97 Stat. 55 Pub. L. 98525, title VI,  621 Oct. 19, 1984 98 Stat. 2540 Pub. L. 99145, title VI,  631(a) Nov. 8, 1985 99 Stat. 643 Pub. L. 100180, div. A, title VI Dec. 4, 1987 101 Stat. 1104 Pub. L. 101189, div. A, title VI,  611(a) Nov. 29, 1989 103 Stat. 1445 Pub. L. 101510, div. A, title VI,  615(a) Nov. 5, 1990 104 Stat. 1578 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title VI,  612(a) Oct. 23, 1992 106 Stat. 2421 Pub. L. 103160, div. A, title VI,  613(b) Nov. 30, 1993 107 Stat. 1681 Pub. L. 103337, div. A, title VI,  613(b) Oct. 5, 1994 108 Stat. 2783 Pub. L. 104106, div. A, title VI,  613(b) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  613(b) Sept. 23, 1996 110 Stat. 2544 Pub. L. 10585, div. A, title VI,  613(b) Nov. 18, 1997 111 Stat. 1786 Pub. L. 105261, div. A, title VI Oct. 17, 1998 112 Stat. 2039 Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 650 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  614(b) Dec. 28, 2001 115 Stat. 1136 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI,  614(b) Dec. 2, 2002 116 Stat. 2568 Pub. L. 108136, div. A, title VI Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI Oct. 28, 2004 118 Stat. 1948 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3295 Pub. L. 109364, div. A, title VI,  614(c) Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI,  614(b) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4449 Pub. L. 11184, div. A, title VI,  615(3) Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  615(3) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  615(3) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  615(3) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  615(3) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  615(3) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  615(3) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  615(3) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  615(3) Dec. 12, 2017 131 Stat. 1423        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  308(a)  308(b) 308(c) 308(d) 308(e) 308(f) 37:239(a). 37:239(e). 37:239(b). 37:239(c). 37:239(d). 37:239(f). 37:239(g). Oct. 12, 1949, ch. 681,  208 July 16, 1954, ch. 535,  2 68 Stat. 488 July 25, 1961 Pub. L. 87103,  1 75 Stat. 219 In subsection (a), the words reenlists . . . after . . . compulsory or voluntary active duty or who voluntarily extends his enlistment for at least two years are substituted for the words reenlists . . . after . . . active duty and section 239(e) of existing title 37. The words (other than for training) are inserted, since the source statute has been consistently interpreted to exclude that kind of duty. The words or release are inserted in column 1 of the table and in footnotes 2, 4, and 5 to conform to the introductory language preceding the tables. In subsection (b), the words a total of are omitted as surplusage. Editorial Notes Amendments 2017Subsec. (g). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (g). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (g). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (g). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (g). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (g). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (a)(2)(A)(ii). Pub. L. 11184,  1073(b) Subsec. (g). Pub. L. 11184,  615(3) December 31, 2010 December 31, 2009 2008Subsec. (a)(2)(A)(ii). Pub. L. 110417,  531(b) Subsec. (g). Pub. L. 110417,  614(c) December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (a)(1)(A). Pub. L. 109163,  629(a)(1) Subsec. (a)(1)(C), (D). Pub. L. 109163,  629(c) section 312a of this title Subsec. (a)(2)(B). Pub. L. 109163,  629(b) Subsec. (a)(3). Pub. L. 109163,  629(a)(2) Subsec. (d). Pub. L. 109163,  687(b)(14) Subsec. (g). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  624(c) December 31, 2006 December 31, 2005 2004Subsec. (a)(1). Pub. L. 108375,  618(a)(1)(D) Pub. L. 108375,  618(a)(1)(A) Subsec. (a)(1)(A). Pub. L. 108375,  618(a)(1)(B) Subsec. (a)(1)(D). Pub. L. 108375,  618(a)(1)(C) Subsec. (a)(3). Pub. L. 108375,  618(a)(2) Subsec. (g). Pub. L. 108375,  614(c) December 31, 2005 December 31, 2004 2003Subsec. (a)(5). Pub. L. 108136,  626(a) Subsec. (g). Pub. L. 108136,  614(b) December 31, 2004 December 31, 2003 2002Subsecs. (a)(1)(B), (d)(2), (f). Pub. L. 107296 Subsec. (g). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (g). Pub. L. 107107 December 31, 2002 December 31, 2001 2000Subsec. (g). Pub. L. 106398 December 31, 2001 December 31, 2000 1999Subsec. (a)(1)(A). Pub. L. 10665,  618(a) Subsec. (a)(2)(A)(i). Pub. L. 10665,  618(b)(1) Subsec. (a)(2)(B). Pub. L. 10665,  618(b)(2) Subsec. (g). Pub. L. 10665,  613(b) December 31, 2000 December 31, 1999 1998Subsec. (a)(1)(D). Pub. L. 105261,  618 Subsec. (b). Pub. L. 105261,  619 Subsec. (g). Pub. L. 105261,  613(b) December 31, 1999 September 30, 1999 1997Subsec. (g). Pub. L. 10585 September 30, 1999 September 30, 1998 1996Subsec. (g). Pub. L. 104201 September 30, 1998 September 30, 1997 Pub. L. 104106 September 30, 1997 September 30, 1996 1994Subsec. (g). Pub. L. 103337 September 30, 1996 September 30, 1995 1993Subsec. (g). Pub. L. 103160 September 30, 1995 September 30, 1993 1992Subsec. (g). Pub. L. 102484 September 30, 1993 September 30, 1992 1991Subsec. (c). Pub. L. 10225 1990Subsec. (d). Pub. L. 101510 1989Subsec. (a)(1). Pub. L. 101189,  611(a)(1) Subsec. (a)(2), (3). Pub. L. 101189,  611(a)(3) Subsec. (a)(4). Pub. L. 101189,  611(a)(2) 1987Subsec. (b)(1). Pub. L. 100180,  625(a) Subsec. (g). Pub. L. 100180,  626(a) September 30, 1992 September 30, 1987 1985Subsec. (b)(1). Pub. L. 99145 1984Subsec. (a)(1). Pub. L. 98525,  621(b)(1) Subsec. (b). Pub. L. 98525,  621(b)(2) Subsec. (g). Pub. L. 98525,  621(a) September 30, 1987 September 30, 1984 1983Subsec. (g). Pub. L. 9814 September 30, 1984 March 31, 1983 1982Subsec. (g). Pub. L. 97377 March 31, 1983 December 17, 1982 Pub. L. 97276 December 17, 1982 September 30, 1982 1981Subsec. (e). Pub. L. 9760 1980Subsec. (a)(1). Pub. L. 96342,  804(a)(1) Subsec. (e). Pub. L. 96579 Subsec. (f). Pub. L. 96579 Pub. L. 96342,  804(a)(2) September 30, 1982 September 30, 1980 Subsec. (g). Pub. L. 96579 1978Subsec. (a). Pub. L. 95485,  802(a)(1) Subsec. (f). Pub. L. 95485,  802(b) September 30, 1980 September 30, 1978 1977Subsec. (d). Pub. L. 9557,  1(a) Subsec. (f). Pub. L. 9557,  1(b) September 30, 1978 June 30, 1977 1974 Pub. L. 93277 1968Subsecs. (e), (g). Pub. L. 90623 1965Subsec. (g). Pub. L. 89132 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2004 Amendment Pub. L. 108375, div. A, title VI,  618(g) Oct. 28, 2004 118 Stat. 1950 The amendment made by subsection (a)(2) [amending this section] shall apply only with respect to the computation of a bonus under section 308(a)(2)(A) of title 37 Oct. 28, 2004 Effective Date of 2003 Amendment Pub. L. 108136, div. A, title VI,  626(d) Nov. 24, 2003 117 Stat. 1508 The amendments made by this section [amending this section and sections 308b and 308h of this title] shall take effect as of March 18, 2003 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  618(c) Oct. 5, 1999 113 Stat. 652 The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 1999 Effective Date of 1993 Amendment Pub. L. 103160, div. A, title VI,  613(h)(1) Nov. 30, 1993 107 Stat. 1681 The amendments made by subsections (b) and (c) [amending this section and section 308a of this title September 30, 1993 Effective Date of 1990 Amendment Pub. L. 101510, div. A, title VI,  615(b) Nov. 5, 1990 104 Stat. 1578 The amendment made by subsection (a) [amending this section] shall apply with respect to any bonus paid under section 308 of title 37 Nov. 5, 1990 Effective Date of 1989 Amendment Pub. L. 101189, div. A, title VI,  611(b) Nov. 29, 1989 103 Stat. 1445 The amendments made by this section [amending this section] shall apply with respect to reenlistment and extension of enlistment agreements entered into under section 308(a) of title 37 September 30, 1989 Effective Date of 1987 Amendment Pub. L. 100180, div. A, title VI,  625(b) Dec. 4, 1987 101 Stat. 1104 The amendment made by subsection (a) [amending this section] shall apply with respect to bonuses paid for reenlistment or extension of enlistment agreements entered into after September 30, 1987 Effective Date of 1985 Amendment Pub. L. 99145, title VI,  631(b) Nov. 8, 1985 99 Stat. 643 The amendment made by subsection (a) [amending this section] shall apply with respect to bonuses paid for reenlistments or extensions of enlistment effective after September 30, 1986 Effective Date of 1981 Amendment Pub. L. 9760, title I,  117(d) Oct. 14, 1981 95 Stat. 997 The amendments made by this section [enacting section 308f of this title section 308a of this title Oct. 14, 1981 Effective Date of 1980 Amendments Pub. L. 96342, title VIII,  804(c) Sept. 8, 1980 94 Stat. 1092 The amendments made by this section [amending this section and section 308a of this title September 30, 1980 Amendment by Pub. L. 96579 Jan. 1, 1981 section 3(g) of Pub. L. 96579 section 301c of this title Effective Date of 1978 Amendment Pub. L. 95485, title VIII,  802(a)(2) Oct. 20, 1978 92 Stat. 1619 The amendments made by paragraph (12) [amending this section] shall take effect on October 1, 1978 Effective Date of 1977 Amendment Pub. L. 9557,  3 June 29, 1977 91 Stat. 253 The amendments made by this Act [amending this section and section 308a of this title July 1, 1977 Effective Date of 1974 Amendment Pub. L. 93277,  4 May 10, 1974 88 Stat. 121 The amendments made by this Act [amending this section and section 308a of this title May 10, 1974 Effective Date of 1968 Amendment Amendment by Pub. L. 90623 Oct. 22, 1968 section 6 of Pub. L. 90623 section 5334 of Title 5 Effective Date of 1965 Amendment Amendment by Pub. L. 89132 Sept. 1, 1965 section 10 of Pub. L. 89132 section 203 of this title Savings Provision For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Coverage of Period of Lapsed Authority For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992 Oct. 23, 1992 section 612(j)(2) of Pub. L. 102484 section 301b of this title Pub. L. 100180, div. A, title VI,  626(c) Dec. 4, 1987 101 Stat. 1104  (1) The Secretary concerned, in the case of any person who during the period beginning on October 1, 1987 Dec. 4, 1987 September 30, 1987 (2) An agreement referred to in paragraph (1) is an agreement with the Secretary for the payment of a bonus under section 308, 308a, 308b, 308c, 308e, 308f, 308g, 308h, or 308i of title 37, United States Code. Cost Reductions for Fiscal Year 1987; Selective Reimbursement Bonus Pub. L. 99661, div. A, title VI,  663(a) Nov. 14, 1986 100 Stat. 3894 During fiscal year 1987, the Secretary concerned may not pay more than 50 percent of an amount paid to any person under section 308 of title 37 Optional Choice of Reenlistment Bonus Pub. L. 93277,  3 May 10, 1974 88 Stat. 121 Notwithstanding section 308 of title 37 [ 308a. Repealed. Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654   Section, added Pub. L. 92129, title II,  203(a) Sept. 28, 1971 85 Stat. 358 Pub. L. 9364, title II,  204 July 9, 1973 87 Stat. 149 Pub. L. 93277,  2(2) May 10, 1974 88 Stat. 120 Pub. L. 9557,  2 June 29, 1977 91 Stat. 253 Pub. L. 95485, title VIII,  802(b) Oct. 20, 1978 92 Stat. 1619 Pub. L. 96342, title VIII,  804(b) Sept. 8, 1980 94 Stat. 1092 Pub. L. 9760, title I,  117(b) Oct. 14, 1981 95 Stat. 996 Pub. L. 97276, title I,  131 Oct. 2, 1982 96 Stat. 1197 Pub. L. 97377, title I,  101(c) [title VII,  798] Dec. 21, 1982 96 Stat. 1833 Pub. L. 9814,  1 Mar. 30, 1983 97 Stat. 55 Pub. L. 98525, title VI,  621(a) Oct. 19, 1984 98 Stat. 2540 Pub. L. 100180, div. A, title VI,  626(a) Dec. 4, 1987 101 Stat. 1104 Pub. L. 101189, div. A, title VI,  612(a) Nov. 29, 1989 103 Stat. 1445 Pub. L. 102484, div. A, title VI,  612(b) Oct. 23, 1992 106 Stat. 2421 Pub. L. 103160, div. A, title VI,  613(c) Nov. 30, 1993 107 Stat. 1681 Pub. L. 103337, div. A, title VI,  613(c) Oct. 5, 1994 108 Stat. 2783 Pub. L. 104106, div. A, title VI,  613(c) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  613(c) Sept. 23, 1996 110 Stat. 2544 Pub. L. 10585, div. A, title VI,  613(c) Nov. 18, 1997 111 Stat. 1786 Pub. L. 105261, div. A, title VI,  613(c) Oct. 17, 1998 112 Stat. 2039 Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 650 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 The amendments made by subsection (b) [repealing this section and section 308f of this title October 1, 2000  308b. Special pay: reenlistment bonus for members of the Selected Reserve (a)  Authority and Eligibility Requirements The Secretary concerned may pay a bonus under subsection (b) to an enlisted member of a reserve component who (1) has completed not more than 20 years of total military service; and (2) reenlists or voluntarily extends an enlistment for a period of at least three years in a designated military skill, or in a designated unit, as determined by the Secretary concerned, in the Selected Reserve of the Ready Reserve of an armed force. (b)  Bonus Amounts; Payment (1) The amount of a bonus under this section may not exceed $15,000. (2) Bonus payments authorized under this section may be paid in either a lump sum or in installments. If the bonus is paid in installments, the initial payment shall be not less than 50 percent of the total bonus amount. The Secretary concerned shall prescribe the amount of each subsequent installment payment and the schedule for making the installment payments. (3) Any portion of a term of reenlistment or extension of enlistment of a member that, when added to the total years of service of the member at the time of discharge or release, exceeds 24 years may not be used in computing the total bonus amount under paragraph (1). (c)  Waiver of Condition on Eligibility In the case of a reenlistment or voluntary extension of enlistment by a member of the armed forces that is entered into as described in subsection (a) while the member is serving on active duty in Afghanistan, Iraq, or Kuwait in support of Operation Enduring Freedom or Operation Iraqi Freedom, the Secretary concerned may waive so much of subsection (a)(2) as requires that the skill or unit in which the member reenlists or extends an enlistment be a designated skill or designated unit determined by the Secretary concerned. (d)  Payment to Mobilized Members A member 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. (e)  Repayment A member who does not complete the term of enlistment in the element of the Selected Reserve for which the bonus was paid to the member under this section 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 his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy. (g)  Termination of Authority No bonus may be paid under this section to any enlisted member who, after December 31, 2018 (Added Pub. L. 9579, title IV,  403(a)(1) July 30, 1977 91 Stat. 330 Pub. L. 95485, title IV,  403 Oct. 20, 1978 92 Stat. 1614 Pub. L. 96342, title VIII,  805(b) Sept. 8, 1980 94 Stat. 1095 Pub. L. 97295,  3(2) Oct. 12, 1982 96 Stat. 1303 Pub. L. 99145, title VI,  643(a) Nov. 8, 1985 99 Stat. 652 Pub. L. 100180, div. A, title VI,  626(b) Dec. 4, 1987 101 Stat. 1104 Pub. L. 101189, div. A, title VI Nov. 29, 1989 103 Stat. 1446 Pub. L. 101510, div. A, title XIII,  1322(c)(4) Nov. 5, 1990 104 Stat. 1672 Pub. L. 102484, div. A, title VI,  612(d) Oct. 23, 1992 106 Stat. 2421 Pub. L. 103160, div. A, title VI,  612(a) Nov. 30, 1993 107 Stat. 1680 Pub. L. 103337, div. A, title VI,  611(a) Oct. 5, 1994 108 Stat. 2782 Pub. L. 104106, div. A, title VI,  611(a) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  611(b) Sept. 23, 1996 110 Stat. 2543 Pub. L. 10585, div. A, title VI Nov. 18, 1997 111 Stat. 1785 Pub. L. 105261, div. A, title VI,  611(b) Oct. 17, 1998 112 Stat. 2038 Pub. L. 10665, div. A, title VI,  611(b) Oct. 5, 1999 113 Stat. 649 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  611(b) Dec. 28, 2001 115 Stat. 1135 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI,  611(a) Dec. 2, 2002 116 Stat. 2567 Pub. L. 108136, div. A, title VI Nov. 24, 2003 117 Stat. 1500 Pub. L. 108375, div. A, title VI Oct. 28, 2004 118 Stat. 1946 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3294 Pub. L. 109364, div. A, title VI,  611(a) Oct. 17, 2006 120 Stat. 2247 Pub. L. 110181, div. A, title VI Jan. 28, 2008 122 Stat. 148 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  611(1) Oct. 28, 2009 123 Stat. 2352 Pub. L. 111383, div. A, title VI,  611(1) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  611(1) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  611(1) Jan. 2, 2013 126 Stat. 1775 Pub. L. 11366, div. A, title VI,  611(1) Dec. 26, 2013 127 Stat. 779 Pub. L. 113291, div. A, title VI,  611(1) Dec. 19, 2014 128 Stat. 3399 Pub. L. 11492, div. A, title VI,  611(1) Nov. 25, 2015 129 Stat. 837 Pub. L. 114328, div. A, title VI,  611(1) Dec. 23, 2016 130 Stat. 2157 Pub. L. 11591, div. A, title VI,  611(1) Dec. 12, 2017 131 Stat. 1421  Editorial Notes Amendments 2017Subsec. (g). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (g). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (g). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (g). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (g). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (g). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (g). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (a)(2). Pub. L. 110181,  619(a) Subsec. (b)(1). Pub. L. 110181,  619(b) (A) $15,000, in the case of a member who reenlists or extends an enlistment for a period of six years; (B) $7,500, in the case of a member who, having never received a bonus under this section, reenlists or extends an enlistment for a period of three years; and (C) $6,000, in the case of a member who, having received a bonus under this section for a previous three-year reenlistment or extension of an enlistment, reenlists or extends the enlistment for an additional period of three years. Subsec. (c). Pub. L. 110181,  619(c) (1) To be eligible for a second bonus under this section in the amount specified in subsection (b)(1)(C), a member must (A) enter into the subsequent reenlistment or extension of an enlistment for a period of three years not later than the date on which the enlistment or extension for which the first bonus was paid would expire; and (B) still satisfy the designated skill or unit requirements required under subsection (a)(2). Subsec. (g). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181,  611(a) December 31, 2008 December 31, 2007 2006Subsec. (a)(1). Pub. L. 109163,  630(a) Subsec. (b)(3). Pub. L. 109163,  630(b) Subsec. (e). Pub. L. 109163,  687(b)(15) Pub. L. 109364,  1071(e)(7) Subsec. (g). Pub. L. 109364,  611(a) December 31, 2007 December 31, 2006 Pub. L. 109163,  621(a) December 31, 2006 December 31, 2005 2004Subsec. (a). Pub. L. 108375,  618(b)(1)(D) Pub. L. 108375,  618(b)(1)(A) Subsec. (a)(1). Pub. L. 108375,  618(b)(1)(B) Subsec. (a)(2). Pub. L. 108375,  618(b)(1)(C) Subsec. (b)(1)(A). Pub. L. 108375,  618(b)(2)(A) Subsec. (b)(1)(B). Pub. L. 108375,  618(b)(2)(B) Subsec. (b)(1)(C). Pub. L. 108375,  618(b)(2)(C) Subsec. (b)(2). Pub. L. 108375,  618(b)(3) Subsec. (c). Pub. L. 108375,  618(b)(4)(A) ; Limitation on Number of Bonuses Eligibility Subsec. (c)(2), (3). Pub. L. 108375,  618(b)(4)(B) Subsec. (g). Pub. L. 108375,  611(a) December 31, 2005 December 31, 2004 2003Subsec. (c)(3). Pub. L. 108136,  626(b) Subsecs. (d), (e). Pub. L. 108136,  617 Subsec. (f). Pub. L. 108136,  617(1) Pub. L. 108136,  611(a) December 31, 2004 December 31, 2003 Subsec. (g). Pub. L. 108136,  617(1) 2002Subsec. (e). Pub. L. 107296 Subsec. (f). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (f). Pub. L. 107107 December 31, 2002 December 31, 2001 2000Subsec. (f). Pub. L. 106398 December 31, 2001 December 31, 2000 1999Subsec. (f). Pub. L. 10665 December 31, 2000 December 31, 1999 1998Subsec. (f). Pub. L. 105261 December 31, 1999 September 30, 1999 1997Subsec. (a). Pub. L. 10585,  621(e)(1) Subsec. (a)(1). Pub. L. 10585,  621(a) Subsec. (b). Pub. L. 10585,  621(b) (1) an initial payment of (A) an amount not to exceed $1,250, in the case of a member who reenlists or voluntarily extends his enlistment for a period of three years; or (B) an amount not to exceed $2,500, in the case of a member who reenlists or voluntarily extends his enlistment for a period of six years; and (2) a subsequent payment of not to exceed $416.66 upon the completion of each year of the period of such reenlistment or extension of enlistment during which such member has satisfactorily participated in training with his unit. Subsec. (c). Pub. L. 10585,  621(c) Subsec. (d). Pub. L. 10585,  621(d) (1) the number of months during that term of enlistment during which such member participated satisfactorily in training with his unit; and (2) $69.44. Subsec. (e). Pub. L. 10585,  621(e)(2) Subsec. (f). Pub. L. 10585,  621(e)(3) Pub. L. 10585,  611(b) September 30, 1999 September 30, 1998 1996Subsec. (f). Pub. L. 104201 September 30, 1998 September 30, 1997 Pub. L. 104106 September 30, 1997 September 30, 1996 1994Subsec. (f). Pub. L. 103337 September 30, 1996 September 30, 1995 1993Subsec. (f). Pub. L. 103160 September 30, 1995 September 30, 1993 1992Subsec. (f). Pub. L. 102484 September 30, 1993 September 30, 1992 1990Subsecs. (e) to (g). Pub. L. 101510 1989Subsec. (e). Pub. L. 101189,  652(b)(1) December 31, 1977 Subsec. (g). Pub. L. 101189,  613 September 30, 1992 September 30, 1990 1987Subsec. (g). Pub. L. 100180 September 30, 1990 September 30, 1987 1985Subsec. (b)(1). Pub. L. 99145,  643(a)(1)(A) Subsec. (b)(2). Pub. L. 99145,  643(a)(1)(B) Subsec. (d)(2). Pub. L. 99145,  643(a)(2) Subsec. (g). Pub. L. 99145,  643(a)(3) September 30, 1987 September 30, 1985 1982Subsec. (a)(1). Pub. L. 97295 1980Subsec. (g). Pub. L. 96342 September 30, 1985 September 30, 1980 1978Subsec. (a). Pub. L. 95485,  403(a) Subsec. (b). Pub. L. 95485,  403(b) Subsec. (g). Pub. L. 95485,  403(c) September 30, 1980 September 30, 1978 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by section 611(a) of Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Pub. L. 110181, div. A, title VI,  619(d) Jan. 28, 2008 122 Stat. 151 The amendments made by this section [amending this section] shall apply with respect to reenlistments or extensions of enlistment that occur on or after the date of the enactment of this Act [ Jan. 28, 2008 Effective Date of 2006 Amendment Pub. L. 109364, div. A, title X,  1071(e) Oct. 17, 2006 120 Stat. 2401 Jan. 6, 2006 Pub. L. 109163 Effective Date of 2003 Amendment Amendment by section 626(b) of Pub. L. 108136 Mar. 18, 2003 section 626(d) of Pub. L. 108136 section 308 of this title Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1993 Amendment Pub. L. 103160, div. A, title VI,  612(f) Nov. 30, 1993 107 Stat. 1681 The amendments made by subsections (a), (b), (d), and (e) [amending this section and sections 308c, 308h, and 308i of this title] shall take effect as of September 30, 1993 Effective Date of 1985 Amendment Pub. L. 99145, title VI,  643(b) Nov. 8, 1985 99 Stat. 652 The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985 Effective Date Pub. L. 9579, title IV,  403(b) July 30, 1977 91 Stat. 331 The amendments made by subsection (a) [enacting this section] shall apply with respect to any reenlistment, or voluntary extension of an enlistment, in the Selected Reserve of any reserve component of the Armed Forces after September 30, 1977 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Coverage of Period of Lapsed Authority For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992 Oct. 23, 1992 section 612(j)(2) of Pub. L. 102484 section 301b of this title  308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve (a)  Affiliation Bonus Authorized The Secretary concerned may pay an affiliation bonus to an enlisted member of an armed force who (1) has completed fewer than 20 years of military service; and (2) executes a written agreement to serve in the Selected Reserve of the Ready Reserve of an armed force for a period of not less than three years in a skill, unit, or pay grade designated under subsection (b) after being discharged or released from active duty under honorable conditions. (b)  Designation of Skills, Units, and Pay Grades The Secretary concerned shall designate the skills, units, and pay grades for which an affiliation bonus may be paid under subsection (a). Any skill, unit, or pay grade so designated shall be a skill, unit, or pay grade for which there is a critical need for personnel in the Selected Reserve of the Ready Reserve of an armed force, as determined by the Secretary concerned. The Secretary concerned shall establish other requirements to ensure that members accepted for affiliation meet required performance and discipline standards. (c)  Accession Bonus Authorized The Secretary concerned may pay an accession bonus to a person who (1) has not previously served in the armed forces or has served in the armed forces, but was released from such service before completing the basic training requirements of the armed force of which the person was a member and the service was characterized as either honorable or uncharacterized; and (2) executes a written agreement to serve as an enlisted member in the Selected Reserve of the Ready Reserve of an armed force for a period of not less than three years upon acceptance of the agreement by the Secretary concerned. (d)  Limitation on Amount of Bonus The amount of a bonus under subsection (a) or (c) may not exceed $20,000. (e)  Payment Method Upon acceptance of a written agreement by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify whether the bonus shall be paid by the Secretary concerned in a lump sum or in installments. (f)  Continued Entitlement to Bonus Payments A member 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. (g)  Repayment A person who enters into an agreement under subsection (a) or (c) and receives all or part of the bonus under the agreement, but who does not commence to serve in the Selected Reserve 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 (h)  Regulations This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary of Defense and by the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy. (i)  Termination of Bonus Authority No bonus may be paid under this section with respect to any agreement entered into under subsection (a) or (c) after December 31, 2018 (Added Pub. L. 95485, title IV,  404(a) Oct. 20, 1978 92 Stat. 1614 Pub. L. 96342, title VIII,  805(b) Sept. 8, 1980 94 Stat. 1095 Pub. L. 9722,  11(b)(1) July 10, 1981 95 Stat. 138 Pub. L. 99145, title VI,  642 Nov. 8, 1985 99 Stat. 652 Pub. L. 100180, div. A, title VI,  626(b) Dec. 4, 1987 101 Stat. 1104 Pub. L. 101189, div. A, title VI Nov. 29, 1989 103 Stat. 1446 Pub. L. 101510, div. A, title XIII,  1322(c)(5) Nov. 5, 1990 104 Stat. 1672 Pub. L. 102484, div. A, title VI,  612(d) Oct. 23, 1992 106 Stat. 2421 Pub. L. 103160, div. A, title VI,  612(b) Nov. 30, 1993 107 Stat. 1680 Pub. L. 103337, div. A, title VI,  611(b) Oct. 5, 1994 108 Stat. 2782 Pub. L. 104106, div. A, title VI,  611(b) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  611(c) Sept. 23, 1996 110 Stat. 2543 Pub. L. 10585, div. A, title VI,  611(c) Nov. 18, 1997 111 Stat. 1785 Pub. L. 105261, div. A, title VI,  611(c) Oct. 17, 1998 112 Stat. 2038 Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 649 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  611(c) Dec. 28, 2001 115 Stat. 1135 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI,  611(b) Dec. 2, 2002 116 Stat. 2567 Pub. L. 108136, div. A, title VI,  611(b) Nov. 24, 2003 117 Stat. 1500 Pub. L. 108375, div. A, title VI Oct. 28, 2004 118 Stat. 1946 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3298 Pub. L. 109364, div. A, title VI,  611(b) Oct. 17, 2006 120 Stat. 2247 Pub. L. 110181, div. A, title VI Jan. 28, 2008 122 Stat. 148 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  611(2) Oct. 28, 2009 123 Stat. 2352 Pub. L. 111383, div. A, title VI,  611(2) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  611(2) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  611(2) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  611(2) Dec. 26, 2013 127 Stat. 779 Pub. L. 113291, div. A, title VI,  611(2) Dec. 19, 2014 128 Stat. 3399 Pub. L. 11492, div. A, title VI,  611(2) Nov. 25, 2015 129 Stat. 837 Pub. L. 114328, div. A, title VI,  611(2) Dec. 23, 2016 130 Stat. 2157 Pub. L. 11591, div. A, title VI,  611(2) Dec. 12, 2017 131 Stat. 1421  Editorial Notes Amendments 2017Subsec. (i). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (i). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (i). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (i). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (i). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (i). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (i). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (c)(1). Pub. L. 110181,  620 Subsec. (i). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181,  611(b) December 31, 2008 December 31, 2007 2006 Pub. L. 109163,  631(a) Subsec. (g). Pub. L. 109163,  687(b)(16) (1) A person who enters into an agreement under subsection (a) or (c) and receives all or part of the bonus under the agreement, but who does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, 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 termination of an agreement entered into under subsection (a) or (c) does not discharge the individual signing the agreement from a debt arising under such agreement or under paragraph (1). Subsec. (i). Pub. L. 109364 December 31, 2007 December 31, 2006 2004Subsec. (b). Pub. L. 108375,  618(c)(1) Subsec. (e). Pub. L. 108375,  611(b) December 31, 2005 December 31, 2004 Subsec. (f). Pub. L. 108375,  618(c)(2) 2003Subsec. (e). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (c). Pub. L. 107296 Subsec. (e). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (e). Pub. L. 107107 December 31, 2002 December 31, 2001 2000Subsec. (e). Pub. L. 106398 December 31, 2001 December 31, 2000 1999Subsec. (a). Pub. L. 10665,  620(a) Subsec. (b). Pub. L. 10665,  620(b) Subsec. (e). Pub. L. 10665,  611(c) December 31, 2000 December 31, 1999 1998Subsec. (e). Pub. L. 105261 December 31, 1999 September 30, 1999 1997Subsec. (e). Pub. L. 10585 September 30, 1999 September 30, 1998 1996Subsec. (e). Pub. L. 104201 September 30, 1998 September 30, 1997 Pub. L. 104106 September 30, 1997 September 30, 1996 1994Subsec. (e). Pub. L. 103337 September 30, 1996 September 30, 1995 1993Subsec. (b). Pub. L. 103160,  612(b)(1) Subsec. (e). Pub. L. 103160,  612(b)(2) September 30, 1995 September 30, 1993 Subsec. (f). Pub. L. 103160,  612(b)(3) 1992Subsec. (e). Pub. L. 102484 September 30, 1993 September 30, 1992 1990Subsecs. (e), (f). Pub. L. 101510 1989Subsec. (a). Pub. L. 101189,  652(b)(2) September 30, 1978 Subsec. (e). Pub. L. 101189,  652(b)(1) December 31, 1978 Subsec. (f). Pub. L. 101189,  613 September 30, 1992 September 30, 1990 1987Subsec. (f). Pub. L. 100180 September 30, 1990 September 30, 1987 1985Subsec. (f). Pub. L. 99145 September 30, 1987 September 30, 1985 1981Subsec. (e). Pub. L. 9722 1980Subsec. (f). Pub. L. 96342 September 30, 1985 September 30, 1980 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by section 611(b) of Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  620(c) Oct. 5, 1999 113 Stat. 653 The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 1999 Effective Date of 1993 Amendment Amendment by Pub. L. 103160 Sept. 30, 1993 section 612(f) of Pub. L. 103160 section 308b of this title Savings Provision For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Coverage of Period of Lapsed Authority For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992 Oct. 23, 1992 section 612(j)(2) of Pub. L. 102484 section 301b of this title  308d. Special pay: members of the Selected Reserve assigned to certain high priority units (a) Under regulations prescribed by the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a member who is assigned to a high priority unit of the Selected Reserve of the Ready Reserve of an armed force, as designated under subsection (b), and who performs inactive duty for training for compensation under section 206 of this title (b) The Secretary concerned may designate a unit, for the purposes of subsection (a) and under such terms and conditions as the Secretary considers appropriate, as a high priority unit if that unit has experienced, or reasonably might be expected to experience, critical personnel shortages. The Secretary may vacate a designation made under this subsection at any time he considers the designation no longer necessary. (c) Additional compensation may not be paid under this section for inactive duty performed after December 31, 2018 (Added Pub. L. 101189, div. A, title V,  505(a)(1) Nov. 29, 1989 103 Stat. 1437 Pub. L. 102190, div. A, title VI,  612(b)(1) Dec. 5, 1991 105 Stat. 1376 Pub. L. 102484, div. A, title VI,  612(e) Oct. 23, 1992 106 Stat. 2421 Pub. L. 103160, div. A, title VI,  613(d) Nov. 30, 1993 107 Stat. 1681 Pub. L. 103337, div. A, title VI,  613(d) Oct. 5, 1994 108 Stat. 2783 Pub. L. 104106, div. A, title VI,  613(d) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  611(d) Sept. 23, 1996 110 Stat. 2543 Pub. L. 10585, div. A, title VI,  611(d) Nov. 18, 1997 111 Stat. 1785 Pub. L. 105261, div. A, title VI,  611(d) Oct. 17, 1998 112 Stat. 2038 Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 650 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  611(d) Dec. 28, 2001 115 Stat. 1135 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI,  611(c) Dec. 2, 2002 116 Stat. 2567 Pub. L. 108136, div. A, title VI,  611(c) Nov. 24, 2003 117 Stat. 1500 Pub. L. 108375, div. A, title VI,  611(c) Oct. 28, 2004 118 Stat. 1946 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3294 Pub. L. 109364, div. A, title VI,  611(c) Oct. 17, 2006 120 Stat. 2247 Pub. L. 110181, div. A, title VI,  611(c) Jan. 28, 2008 122 Stat. 148 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  611(3) Oct. 28, 2009 123 Stat. 2352 Pub. L. 111383, div. A, title VI,  611(3) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  611(3) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  611(3) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  611(3) Dec. 26, 2013 127 Stat. 779 Pub. L. 113291, div. A, title VI,  611(3) Dec. 19, 2014 128 Stat. 3399 Pub. L. 11492, div. A, title VI,  611(3) Nov. 25, 2015 129 Stat. 837 Pub. L. 114328, div. A, title VI,  611(3) Dec. 23, 2016 130 Stat. 2157 Pub. L. 11591, div. A, title VI,  611(3) Dec. 12, 2017 131 Stat. 1421  Editorial Notes Prior Provisions A prior section 308d, added Pub. L. 96342, title VIII,  805(a)(1) Sept. 8, 1980 94 Stat. 1092 Pub. L. 9894, title X,  1011(b)(1) Sept. 24, 1983 97 Stat. 664 Oct. 1, 1983 Amendments 2017Subsec. (c). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (c). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (c). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (c). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (c). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (c). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (c). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (c). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006 Pub. L. 109163,  632(c)(1) Subsec. (a). Pub. L. 109163,  632(a) Subsec. (c). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  621(b) December 31, 2006 December 31, 2005 2004Subsec. (c). Pub. L. 108375 December 31, 2005 December 31, 2004 2003Subsec. (c). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (a). Pub. L. 107296 Subsec. (c). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (c). Pub. L. 107107 December 31, 2002 December 31, 2001 2000Subsec. (c). Pub. L. 106398 December 31, 2001 December 31, 2000 1999Subsec. (a). Pub. L. 10665,  621 Subsec. (c). Pub. L. 10665,  611(d) December 31, 2000 December 31, 1999 1998Subsec. (c). Pub. L. 105261 December 31, 1999 September 30, 1999 1997Subsec. (c). Pub. L. 10585 September 30, 1999 September 30, 1998 1996Subsec. (c). Pub. L. 104201 September 30, 1998 September 30, 1997 Pub. L. 104106 September 30, 1997 September 30, 1996 1994Subsec. (c). Pub. L. 103337 September 30, 1996 September 30, 1995 1993Subsec. (c). Pub. L. 103160 September 30, 1995 September 30, 1993 1992Subsec. (c). Pub. L. 102484 September 30, 1993 September 30, 1992 1991Subsec. (c). Pub. L. 102190 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1993 Amendment Pub. L. 103160, div. A, title VI,  613(h)(2) Nov. 30, 1993 107 Stat. 1682 The amendment made by subsection (d) [amending this section] shall take effect as of September 30, 1993 section 308d of title 37 Effective Date of 1992 Amendment Pub. L. 102484, div. A, title VI,  612(j)(1) Oct. 23, 1992 106 Stat. 2421 The amendment made by subsection (e) [amending this section] shall take effect as of September 30, 1992 section 308d of title 37 Effective Date of 1991 Amendment Pub. L. 102190, div. A, title VI,  612(b)(2) Dec. 5, 1991 105 Stat. 1376 The amendment made by paragraph (1) [amending this section] shall take effect as of September 30, 1991 Report to Congress Pub. L. 101189, div. A, title V,  505(b) Nov. 29, 1989 103 Stat. 1438 May 1, 1991 37 U.S.C. 308d [ 308e. Repealed. Pub. L. 109163, div. A, title VI,  631(b) Jan. 6, 2006 119 Stat. 3299   Section, added Pub. L. 96342, title VIII,  805(a)(1) Sept. 8, 1980 94 Stat. 1093 Pub. L. 9786, title V,  505 Dec. 1, 1981 95 Stat. 1109 Pub. L. 99145, title VI,  645(a) Nov. 8, 1985 99 Stat. 654 Pub. L. 100180, div. A, title VI,  626(b) Dec. 4, 1987 101 Stat. 1104 Pub. L. 101189, div. A, title VI,  613 Nov. 29, 1989 103 Stat. 1446 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title VI,  612(d) Oct. 23, 1992 106 Stat. 2421 Pub. L. 103160, div. A, title VI,  612(c) Nov. 30, 1993 107 Stat. 1680 Pub. L. 103337, div. A, title VI,  611(c) Oct. 5, 1994 108 Stat. 2782 Pub. L. 104106, div. A, title VI,  611(c) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  611(e) Sept. 23, 1996 110 Stat. 2543 Pub. L. 10585, div. A, title VI Nov. 18, 1997 111 Stat. 1785 Pub. L. 105261, div. A, title VI,  611(e) Oct. 17, 1998 112 Stat. 2038 Pub. L. 10665, div. A, title VI,  611(e) Oct. 5, 1999 113 Stat. 650 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  611(e) Dec. 28, 2001 115 Stat. 1135 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI,  611(d) Dec. 2, 2002 116 Stat. 2567 Pub. L. 108136, div. A, title VI,  611(d) Nov. 24, 2003 117 Stat. 1500 Pub. L. 108375, div. A, title VI,  611(d) Oct. 28, 2004 118 Stat. 1946 [ 308f. Repealed. Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654   Section, added Pub. L. 9760, title I,  117(c)(1) Oct. 14, 1981 95 Stat. 996 Pub. L. 9814,  2 Mar. 30, 1983 97 Stat. 55 Pub. L. 98525, title VI,  621(a) Oct. 19, 1984 98 Stat. 2540 Pub. L. 100180, div. A, title VI,  626(a) Dec. 4, 1987 101 Stat. 1104 Pub. L. 10225, title VII,  702(b)(2) Apr. 6, 1991 105 Stat. 117 Pub. L. 103160, div. A, title VI,  613(e) Nov. 30, 1993 107 Stat. 1681 Pub. L. 103337, div. A, title VI,  613(c) Oct. 5, 1994 108 Stat. 2783 Pub. L. 104106, div. A, title VI,  613(c) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  613(c) Sept. 23, 1996 110 Stat. 2544 Pub. L. 10585, div. A, title VI,  613(c) Nov. 18, 1997 111 Stat. 1786 Pub. L. 105261, div. A, title VI Oct. 17, 1998 112 Stat. 2039 Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 650 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2000 Pub. L. 106398 section 308a of this title  308g. Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve (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 September 30, 2005 (2) after December 31, 2018 (Added Pub. L. 9894, title X,  1011(a) Sept. 24, 1983 97 Stat. 663 Pub. L. 99145, title VI,  646(a)(1) Nov. 8, 1985 99 Stat. 654 Pub. L. 100180, div. A, title VI,  626(b) Dec. 4, 1987 101 Stat. 1104 Pub. L. 101189, div. A, title VI,  613 Nov. 29, 1989 103 Stat. 1446 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 108375, div. A, title VI,  618(d) Oct. 28, 2004 118 Stat. 1950 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3294 Pub. L. 109364, div. A, title VI,  611(d) Oct. 17, 2006 120 Stat. 2247 Pub. L. 110181, div. A, title VI,  611(d) Jan. 28, 2008 122 Stat. 148 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  611(4) Oct. 28, 2009 123 Stat. 2352 Pub. L. 111383, div. A, title VI,  611(4) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  611(4) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  611(4) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  611(4) Dec. 26, 2013 127 Stat. 779 Pub. L. 113291, div. A, title VI,  611(4) Dec. 19, 2014 128 Stat. 3399 Pub. L. 11492, div. A, title VI,  611(4) Nov. 25, 2015 129 Stat. 837 Pub. L. 114328, div. A, title VI,  611(4) Dec. 23, 2016 130 Stat. 2157 Pub. L. 11591, div. A, title VI,  611(4) Dec. 12, 2017 131 Stat. 1421  Editorial Notes Amendments 2017Subsec. (f)(2). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (f)(2). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (f)(2). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (f)(2). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (f)(2). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (f)(2). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (f)(2). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (f)(2). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (d). Pub. L. 109163,  687(b)(17)(A) Subsec. (e). Pub. L. 109163,  687(b)(17)(B) Subsec. (f). Pub. L. 109163,  687(b)(17)(B) September 24, 1983 Subsec. (f)(2). Pub. L. 109364,  1071(c)(3) Pub. L. 109364,  611(d) December 31, 2007 December 31, 2006 Subsec. (g). Pub. L. 109163,  687(b)(17)(C) Subsec. (h). Pub. L. 109163,  687(b)(17)(C) Pub. L. 109163,  621(c) September 30, 1992 2004Subsec. (b). Pub. L. 108375 2002Subsec. (g). Pub. L. 107296 1991 Pub. L. 10225 1989Subsec. (h). Pub. L. 101189 September 30, 1992 September 30, 1990 1987Subsec. (h). Pub. L. 100180 September 30, 1990 September 30, 1987 1985Subsec. (f). Pub. L. 99145,  1303(b)(3) September 24, 1983 Subsec. (h). Pub. L. 99145,  646(a)(1) September 30, 1987 September 30, 1985 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1985 Amendment Amendment by section 646(a)(1) of Pub. L. 99145 Oct. 1, 1985 section 646(d) of Pub. L. 99145 section 308h of this title Effective Date Pub. L. 9894, title X,  1011(c) Sept. 24, 1983 97 Stat. 664 The amendments made by subsections (a) and (b) [enacting this section and section 308h of this title section 308d of this title 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Coast Guard; Reserve Forces Readiness Provisions Inapplicable Reserve Forces Readiness provisions, including amendment of subsec. (b) of this section by Pub. L. 98525 section 552(g) of Pub. L. 98525 section 12001 of Title 10  308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve (a)  Authority and Eligibility Requirements (1) The Secretary concerned may pay a bonus as provided in subsection (b) to an eligible person who reenlists, enlists, or voluntarily extends an enlistment in a reserve component of an armed force for assignment to an element (other than the Selected Reserve) of the Ready Reserve of that armed force if the reenlistment, enlistment, or extension is for a period of three years, or for a period of six years, beyond any other period the person is obligated to serve. (2) A person is eligible for a bonus under this section if the person (A) is or has been a member of an armed force; (B) is qualified in a skill or specialty designated by the Secretary concerned as a critically short wartime skill or critically short wartime specialty; and (C) has not failed to complete satisfactorily any original term of enlistment in the armed forces. (3) For the purposes of this section, the Secretary concerned may designate a skill or specialty as a critically short wartime skill or critically short wartime specialty for an armed force under the jurisdiction of the Secretary if the Secretary determines that (A) the skill or specialty is critical to meet wartime requirements of the armed force; and (B) there is a critical shortage of personnel in that armed force who are qualified in that skill or specialty. (4) The Secretary concerned may waive the eligibility requirement in paragraph (2)(B) in the case of a reenlistment or voluntary extension of enlistment by a member of the armed forces that is entered into as described in this subsection while the member is serving on active duty in Afghanistan, Iraq, or Kuwait in support of Operation Enduring Freedom and Operation Iraqi Freedom. (b)  Bonus Amounts; Payment (1) Eligibility for and the amount and method of payment of a bonus under this section shall be determined under regulations to be prescribed under subsection (f). (2) The amount of a bonus under this section (A) may not exceed $3,000, in the case of a person who enlists for a period of six years; and (B) may not exceed $1,500 in the case of a person who enlists for a period of three years. (3) A bonus paid under this section shall be paid as follows: (A) In the case of a bonus under paragraph (2)(A) (i) $500 shall be paid at the time of the reenlistment, enlistment, or extension of enlistment for which the bonus is paid; and (ii) the remainder shall be paid in equal annual increments. (B) In the case of a bonus under paragraph (2)(B), the amount of the bonus shall be paid in equal annual increments. (4) 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)  Repayment A person who does not complete the period of enlistment or extension of enlistment for which the bonus was paid under this section shall be subject to the repayment provisions of section 303a(e) of this title (d)  Regulations (1) This section shall be administered under regulations to be 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. (2) Regulations under this section may require that as a condition of receiving a bonus under this section the person receiving the bonus agree to participate in an annual muster of the Reserves, or in active duty for training, as may be required by the Secretary concerned. (e)  Termination of Authority A bonus may not be paid under this section to any person for a reenlistment, enlistment, or voluntary extension of an enlistment after December 31, 2018 (Added Pub. L. 9894, title X,  1011(a) Sept. 24, 1983 97 Stat. 663 Pub. L. 98525, title V,  552(f)(2) Oct. 19, 1984 98 Stat. 2532 Pub. L. 99145, title VI,  646(a) Nov. 8, 1985 99 Stat. 654 Pub. L. 100180, div. A, title VI,  626(b) Dec. 4, 1987 101 Stat. 1104 Pub. L. 101189, div. A, title VI,  613 Nov. 29, 1989 103 Stat. 1446 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title VI,  612(d) Oct. 23, 1992 106 Stat. 2421 Pub. L. 103160, div. A, title VI,  612(d) Nov. 30, 1993 107 Stat. 1680 Pub. L. 103337, div. A, title VI,  611(d) Oct. 5, 1994 108 Stat. 2783 Pub. L. 104106, div. A, title VI,  611(d) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  611(f) Sept. 23, 1996 110 Stat. 2543 Pub. L. 10585, div. A, title VI,  611(f) Nov. 18, 1997 111 Stat. 1785 Pub. L. 105261, div. A, title VI,  611(f) Oct. 17, 1998 112 Stat. 2038 Pub. L. 10665, div. A, title VI,  611(f) Oct. 5, 1999 113 Stat. 650 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI Dec. 28, 2001 115 Stat. 1135 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI,  611(e) Dec. 2, 2002 116 Stat. 2567 Pub. L. 108136, div. A, title VI Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3294 Pub. L. 109364, div. A, title VI,  611(e) Oct. 17, 2006 120 Stat. 2247 Pub. L. 110181, div. A, title VI,  611(e) Jan. 28, 2008 122 Stat. 148 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  611(5) Oct. 28, 2009 123 Stat. 2352 Pub. L. 111383, div. A, title VI,  611(5) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  611(5) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  611(5) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  611(5) Dec. 26, 2013 127 Stat. 779 Pub. L. 113291, div. A, title VI,  611(5) Dec. 19, 2014 128 Stat. 3399 Pub. L. 11492, div. A, title VI,  611(5) Nov. 25, 2015 129 Stat. 837 Pub. L. 114328, div. A, title VI,  611(5) Dec. 23, 2016 130 Stat. 2157 Pub. L. 11591, div. A, title VI,  611(5) Dec. 12, 2017 131 Stat. 1421  Editorial Notes Amendments 2017Subsec. (e). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (e). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (e). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (e). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (e). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (e). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (e). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (e). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (c). Pub. L. 109163,  687(b)(18)(A) Subsec. (d). Pub. L. 109163,  687(b)(18)(B) Subsec. (e). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  687(b)(18)(B) September 24, 1983 Subsec. (f). Pub. L. 109163,  687(b)(18)(C) Subsec. (g). Pub. L. 109163,  687(b)(18)(C) Pub. L. 109163,  621(d) December 31, 2006 December 31, 2005 2004Subsec. (b)(2)(A). Pub. L. 108375,  618(e)(1) Subsec. (b)(2)(B). Pub. L. 108375,  618(e)(2) Subsec. (b)(4). Pub. L. 108375,  618(e)(3) Subsec. (g). Pub. L. 108375,  611(e) December 31, 2005 December 31, 2004 2003Subsec. (a)(4). Pub. L. 108136,  626(c) Subsec. (g). Pub. L. 108136,  611(e) December 31, 2004 December 31, 2003 2002Subsec. (f)(1). Pub. L. 107296 Subsec. (g). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (a). Pub. L. 107107,  619(a) (a)(1) An eligible person who is or has been a member of an armed force and who reenlists, enlists, or voluntarily extends an enlistment 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 period of three years, or for a period of six years, beyond any other period the person is obligated to serve may be paid a bonus as provided in subsection (b). (2) A bonus may not be paid under this section to a person who has failed to complete satisfactorily any original term of enlistment in the armed forces. Subsecs. (b) to (f). Pub. L. 107107,  619(b)(1) Subsec. (g). Pub. L. 107107,  619(b)(6) Pub. L. 107107,  611(f) December 31, 2002 December 31, 2001 2000Subsec. (g). Pub. L. 106398 December 31, 2001 December 31, 2000 1999Subsec. (g). Pub. L. 10665 December 31, 2000 December 31, 1999 1998Subsec. (g). Pub. L. 105261 December 31, 1999 September 30, 1999 1997Subsec. (g). Pub. L. 10585 September 30, 1999 September 30, 1998 1996Subsec. (g). Pub. L. 104201 September 30, 1998 September 30, 1997 Pub. L. 104106 September 30, 1997 September 30, 1996 1994Subsec. (g). Pub. L. 103337 September 30, 1996 September 30, 1995 1993Subsec. (g). Pub. L. 103160 September 30, 1995 September 30, 1993 1992Subsec. (g). Pub. L. 102484 September 30, 1993 September 30, 1992 1991 Pub. L. 10225 1989Subsec. (g). Pub. L. 101189 September 30, 1992 September 30, 1990 1987Subsec. (g). Pub. L. 100180 September 30, 1990 September 30, 1987 1985Subsec. (a)(1). Pub. L. 99145,  646(b)(1) Subsec. (b). Pub. L. 99145,  646(b)(2) Subsec. (e). Pub. L. 99145,  1303(b)(3) September 24, 1983 Subsec. (f). Pub. L. 99145,  646(c) Subsec. (g). Pub. L. 99145,  646(a) September 30, 1987 September 30, 1985 1984Subsec. (b). Pub. L. 98525 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2003 Amendment Amendment by section 626(c) of Pub. L. 108136 Mar. 18, 2003 section 626(d) of Pub. L. 108136 section 308 of this title Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 2001 Amendment Pub. L. 107107, div. A, title VI,  619(d) Dec. 28, 2001 115 Stat. 1138 Subsection (a) of section 308h of title 37 Dec. 28, 2001 Effective Date of 1993 Amendment Amendment by Pub. L. 103160 Sept. 30, 1993 section 612(f) of Pub. L. 103160 section 308b of this title Effective Date of 1985 Amendment Pub. L. 99145, title VI,  646(d) Nov. 8, 1985 99 Stat. 654 The amendments made by this section [amending this section and section 308g of this title October 1, 1985 Effective Date Section effective Oct. 1, 1983 section 1011(c) of Pub. L. 9894 section 308g of this title Regulations Pub. L. 107107, div. A, title VI,  619(c) Dec. 28, 2001 115 Stat. 1138 Not later than 180 days after the date of the enactment of this Act [ Dec. 28, 2001 section 308h of title 37 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Coverage of Period of Lapsed Authority For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992 Oct. 23, 1992 section 612(j)(2) of Pub. L. 102484 section 301b of this title Individual Ready Reserve Reenlistment Bonuses Pub. L. 98525, title V,  552(f)(1) Oct. 19, 1984 98 Stat. 2531 In order to encourage members of the Armed Forces whose military service obligation is expiring and who do not choose to reenlist or otherwise extend their service on active duty or in active elements of reserve components to remain in the Armed Forces as members of the Individual Ready Reserve, the Secretary of Defense shall consider making greater use of the authority provided under section 308h of title 37 Coast Guard; Reserve Forces Readiness Provisions Inapplicable Reserve Forces Readiness provisions, including amendment of subsec. (b) of this section by Pub. L. 98525 section 552(g) of Pub. L. 98525 section 12001 of Title 10  308i. Special pay: prior service enlistment bonus (a)  Authority and Eligibility Requirements (1) A person who is a former enlisted member of an armed force who enlists in the Selected Reserve of the Ready Reserve of an armed force for a period of three or six years in a critical military skill designated for such a bonus by the Secretary concerned and who meets the requirements of paragraph (2) may be paid a bonus as prescribed in subsection (b). (2) A bonus may only be paid under this section to a person who meets each of the following requirements: (A) The person has not more than 16 years of total military service and received an honorable discharge at the conclusion of all prior periods of service. (B) The person was not released, or is not being released, from active service for the purpose of enlistment in a reserve component. (C) The person is projected to occupy, or is occupying, a position as a member of the Selected Reserve in a specialty in which the person (i) successfully served while a member on active duty and attained a level of qualification while on active duty commensurate with the grade and years of service of the member; or (ii) has completed training or retraining in the specialty skill that is designated as critically short and attained a level of qualification in the specialty skill that is commensurate with the grade and years of service of the member. (b)  Bonus Amounts; Payment (1) The amount of a bonus under this section may not exceed (A) $15,000, in the case of a person who enlists for a period of six years; (B) $7,500, in the case of a person who, having never received a bonus under this section, enlists for a period of three years; and (C) $6,000, in the case of a person who, having received a bonus under this section for a previous three-year enlistment, reenlists or extends the enlistment for an additional period of three years. (2) Any bonus payable under this section shall be disbursed in one initial payment of an amount not to exceed one-half of the total amount of the bonus and subsequent periodic partial payments of the balance of the bonus. The Secretary concerned shall prescribe the amount of each partial payment and the schedule for making the partial payments. (3) 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)  Condition on Eligibility; Limitation on Number of Bonuses (1) To be eligible for a second bonus under this section in the amount specified in subsection (b)(1)(C), a person must (A) enter into a reenlistment or extension of an enlistment for a period of three years not later than the date on which the enlistment for which the first bonus was paid would expire; and (B) still satisfy the eligibility requirements under subsection (a). (2) A person may not be paid more than one six-year bonus or two three-year bonuses under this section. (d)  Repayment A person who receives a bonus payment under this section and who, during the period for which the bonus was paid, does not serve satisfactorily in the element of the Selected Reserve with respect to which the bonus was paid shall be subject to the repayment provisions of section 303a(e) of this title (e)  Regulations This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy. (f)  Termination of Authority No bonus may be paid under this section to any person for an enlistment after December 31, 2018 (Added Pub. L. 99145, title VI,  644(a)(1) Nov. 8, 1985 99 Stat. 652 Pub. L. 10026,  8(d)(4) Apr. 21, 1987 101 Stat. 285 Pub. L. 100180, div. A, title VI,  626(b) Dec. 4, 1987 101 Stat. 1104 Pub. L. 101189, div. A, title VI,  613 Nov. 29, 1989 103 Stat. 1446 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title VI,  612(d) Oct. 23, 1992 106 Stat. 2421 Pub. L. 103160, div. A, title VI,  612(e) Nov. 30, 1993 107 Stat. 1680 Pub. L. 103337, div. A, title VI,  611(e) Oct. 5, 1994 108 Stat. 2783 Pub. L. 104106, div. A, title VI,  611(e) Feb. 10, 1996 110 Stat. 359 Pub. L. 104201, div. A, title VI,  611(g) Sept. 23, 1996 110 Stat. 2543 Pub. L. 10585, div. A, title VI Nov. 18, 1997 111 Stat. 1785 Pub. L. 105261, div. A, title VI,  611(g) Oct. 17, 1998 112 Stat. 2038 Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 650 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  611(g) Dec. 28, 2001 115 Stat. 1135 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI Dec. 2, 2002 116 Stat. 2567 Pub. L. 108136, div. A, title VI,  611(f) Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3294 Pub. L. 109364, div. A, title VI,  611(f) Oct. 17, 2006 120 Stat. 2247 Pub. L. 110181, div. A, title VI,  611(f) Jan. 28, 2008 122 Stat. 148 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4484 Pub. L. 11184, div. A, title VI,  611(6) Oct. 28, 2009 123 Stat. 2352 Pub. L. 111383, div. A, title VI,  611(6) Jan. 7, 2011 124 Stat. 4236 Pub. L. 11281, div. A, title VI,  611(6) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  611(6) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  611(6) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  611(6) Dec. 19, 2014 128 Stat. 3399 Pub. L. 11492, div. A, title VI,  611(6) Nov. 25, 2015 129 Stat. 837 Pub. L. 114328, div. A, title VI,  611(6) Dec. 23, 2016 130 Stat. 2157 Pub. L. 11591, div. A, title VI,  611(6) Dec. 12, 2017 131 Stat. 1421  Editorial Notes Amendments 2017Subsec. (f). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (f). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (f). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (f). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (f). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (f). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (f). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (f). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (a)(2)(A). Pub. L. 109163,  633(1) Subsec. (a)(2)(D). Pub. L. 109163,  633(2) Subsec. (d). Pub. L. 109163,  687(b)(19) Subsec. (f). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  621(e) December 31, 2006 December 31, 2005 2004Subsec. (a)(2)(A). Pub. L. 108375,  618(f)(1) Subsec. (b)(1)(A). Pub. L. 108375,  618(f)(2)(A) Subsec. (b)(1)(B). Pub. L. 108375,  618(f)(2)(B) Subsec. (b)(1)(C). Pub. L. 108375,  618(f)(2)(C) Subsec. (b)(3). Pub. L. 108375,  618(f)(3) Subsec. (f). Pub. L. 108375,  611(f) December 31, 2005 December 31, 2004 2003Subsec. (f). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (b)(1). Pub. L. 107314,  617 Subsec. (e). Pub. L. 107296 Subsec. (f). Pub. L. 107314,  611(f) December 31, 2003 December 31, 2002 2001Subsec. (f). Pub. L. 107107 December 31, 2002 December 31, 2001 2000Subsec. (f). Pub. L. 106398 December 31, 2001 December 31, 2000 1999Subsec. (a)(2). Pub. L. 10665,  623(a) Subsec. (f). Pub. L. 10665,  611(g) December 31, 2000 December 31, 1999 1998Subsec. (f). Pub. L. 105261 December 31, 1999 September 30, 1999 1997Subsec. (a). Pub. L. 10585,  622(e)(1) Subsec. (a)(2)(A). Pub. L. 10585,  622(a)(1) Subsec. (a)(2)(C). Pub. L. 10585,  622(a)(2) Subsec. (a)(2)(D). Pub. L. 10585,  622(a)(5) Subsec. (a)(2)(E). Pub. L. 10585,  622(a)(3) Subsec. (b). Pub. L. 10585,  622(b) (1) an initial payment of (A) an amount not to exceed $1,250, in the case of a member who enlists for a period of three years; or (B) an amount not to exceed $2,500, in the case of a member who enlists for a period of six years; and (2) a subsequent payment of an amount not to exceed $416.66 upon the completion of each year of the period of such reenlistment or extension of enlistment during which such member has satisfactorily participated in unit training. Subsec. (c). Pub. L. 10585,  622(c) Subsec. (d). Pub. L. 10585,  622(d)(1) Subsec. (d)(2). Pub. L. 10585,  622(e)(2)(B) Subsec. (d)(3). Pub. L. 10585,  622(e)(2)(C) Subsec. (d)(4). Pub. L. 10585,  622(e)(2)(B) Subsec. (e). Pub. L. 10585,  622(e)(3) Pub. L. 10585,  622(d)(2) Subsec. (f). Pub. L. 10585,  622(e)(4) Pub. L. 10585,  622(d)(2) Pub. L. 10585,  611(g) Pub. L. 10585,  622(d)(2) September 30, 1999 September 30, 1998 Subsec. (g). Pub. L. 10585,  622(d)(2) Subsecs. (h), (i). Pub. L. 10585,  622(d)(2) 1996Subsec. (i). Pub. L. 104201 September 30, 1998 September 30, 1997 Pub. L. 104106 September 30, 1997 September 30, 1996 1994Subsec. (i). Pub. L. 103337 September 30, 1996 September 30, 1995 1993Subsec. (i). Pub. L. 103160 September 30, 1995 September 30, 1993 1992Subsec. (c). Pub. L. 102484,  1136 Subsec. (i). Pub. L. 102484,  612(d) September 30, 1993 September 30, 1992 1991Subsecs. (e) to (g). Pub. L. 10225 1989Subsec. (i). Pub. L. 101189 September 30, 1992 September 30, 1990 1987Subsec. (b)(1)(B). Pub. L. 10026 Subsec. (i). Pub. L. 100180 September 30, 1990 September 30, 1987 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  623(b) Oct. 5, 1999 113 Stat. 654 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999 Effective Date of 1993 Amendment Amendment by Pub. L. 103160 Sept. 30, 1993 section 612(f) of Pub. L. 103160 section 308b of this title Effective Date Pub. L. 99145, title VI,  644(b) Nov. 8, 1985 99 Stat. 653 The amendments made by subsection (a) [enacting 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Coverage of Period of Lapsed Authority For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992 Oct. 23, 1992 section 612(j)(2) of Pub. L. 102484 section 301b of this title  308j. Special pay: affiliation bonus for officers in the Selected Reserve (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 Secretarys 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 Secretarys 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 Secretarys 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 (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. 108375, div. A, title VI,  619(a) Oct. 28, 2004 118 Stat. 1950 Pub. L. 109163, div. A, title VI,  634(a) Jan. 6, 2006 119 Stat. 3300 Pub. L. 109364, div. A, title X,  1071(c)(4) Oct. 17, 2006 120 Stat. 2401 Pub. L. 112239, div. A, title VI,  616 Jan. 2, 2013 126 Stat. 1777  Editorial Notes Amendments 2013Subsec. (d). Pub. L. 112239 2006 Pub. L. 109163,  634(c)(1) Subsec. (a)(2)(B), (C). Pub. L. 109163,  634(a) Subsec. (d). Pub. L. 109163,  634(b) Subsec. (g). Pub. L. 109364  309. Special pay: enlistment bonus (a)  Bonus Authorized; Bonus Amount A person who enlists in an armed force for a period of at least 2 years may be paid a bonus in an amount not to exceed $40,000. The bonus may be paid in a single lump sum or in periodic installments. (b)  Repayment A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to the member under this section, shall be subject to the repayment provisions of section 303a(e) of this title (c)  Relation to Prohibition on Bounties The enlistment bonus authorized by this section is not a bounty for purposes of section 514(a) of title 10 (d)  Regulations This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary of Defense and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy. (e)  Duration of Authority No bonus shall be paid under this section with respect to any enlistment in the armed forces made after December 31, 2018 (Added Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  614(c) Dec. 28, 2001 115 Stat. 1136 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI,  614(c) Dec. 2, 2002 116 Stat. 2568 Pub. L. 108136, div. A, title VI,  614(c) Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI,  614(d) Oct. 28, 2004 118 Stat. 1948 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3295 Pub. L. 109364, div. A, title VI,  614(d) Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI,  614(c) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4485 Pub. L. 11184, div. A, title VI,  615(4) Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  615(4) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  615(4) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  615(4) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  615(4) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  615(4) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  615(4) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  615(4) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  615(4) Dec. 12, 2017 131 Stat. 1423  Editorial Notes Prior Provisions A prior section 309, Pub. L. 87649 Sept. 7, 1962 76 Stat. 468 Pub. L. 96107, title IV,  404(a)(1) Nov. 9, 1979 93 Stat. 808 Sept. 30, 1980 Amendments 2017Subsec. (e). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (e). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (e). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (e). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (e). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (e). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (e). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (e). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (a). Pub. L. 109163,  635 Subsec. (b). Pub. L. 109163,  687(b)(20) Subsec. (e). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  624(d) December 31, 2006 December 31, 2005 2004Subsec. (e). Pub. L. 108375 December 31, 2005 December 31, 2004 2003Subsec. (e). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (d). Pub. L. 107296 Subsec. (e). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (e). Pub. L. 107107 December 31, 2002 December 31, 2001 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 2000 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  310. Special pay: duty subject to hostile fire or imminent danger (a)  Eligibility Under regulations prescribed by the Secretary of Defense, a member of a uniformed service may be paid special pay under subsection (b) for any day or portion of a day in which (1) the member was entitled to basic pay or compensation under section 204 or 206 of this title; and (2) the member (A) was subject to hostile fire or explosion of hostile mines; (B) was on duty in an area in which the member was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period the member was on duty in the area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; (C) was killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or (D) was on duty in a foreign area in which the member was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions. (b)  Special Pay Amount (1) Except as provided in paragraph (2), the amount of special pay authorized by subsection (a) for qualifying service during a day or portion of a day shall be the amount equal to 1/30th of the maximum monthly amount of special pay payable to a member as specified in paragraph (3). (2) In the case of a member who is exposed to hostile fire or a hostile mine explosion event in or for a day or portion of a day, the Secretary concerned may, at the election of the Secretary, pay the member special pay under subsection (a) for such service in an amount not to exceed the maximum monthly amount of special pay payable to a member as specified in paragraph (3). (3) The maximum monthly amount of special pay payable to a member under this subsection for any month is $225. (c)  Continuation During Hospitalization (1) A member described in paragraph (2) may be paid special pay under this section for any day (or portion of a day) of not more than three additional months during which the member is hospitalized as described in such paragraph. (2) Paragraph (1) applies with respect to a member who (A) is injured or wounded under the circumstances described in subsection (a)(2)(C) and is hospitalized for the treatment of the injury or wound; or (B) while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense and is hospitalized outside of the theater of the combat operation or the combat zone for the treatment of the wound, injury, or illness. (d)  Limitations and Administration (1) In the case of an area described in subparagraph (B) or (D) of subsection (a)(2), the Secretary of Defense shall be responsible for designating the period during which duty in the area will qualify members for special pay under this section. The effective date designated for the commencement of such a period may be a date occurring before, on, or after the actual date on which the Secretary makes the designation. If the commencement date for such a period is a date occurring before the date on which the Secretary makes the designation, the payment of special pay under this section for the period between the commencement date and the date on which the Secretary makes the designation shall be subject to the availability of appropriated funds for that purpose. (2) A member may not be paid more than one special pay under this section for any day. A member may be paid special pay under this section in addition to any other pay and allowances to which he may be entitled. (e)  Determinations of Fact Any determination of fact that is made in administering this section is conclusive. Such a determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the determination may be changed on the basis of new evidence or for other good cause. (Added Pub. L. 88132,  9(a)(1) Oct. 2, 1963 77 Stat. 216 Pub. L. 89132,  4 Aug. 21, 1965 79 Stat. 547 Pub. L. 9894, title IX,  905(a) Sept. 24, 1983 97 Stat. 636 Pub. L. 99145, title VI,  638(a) Nov. 8, 1985 99 Stat. 649 Pub. L. 101510, div. A, title XIII,  1322(c)(6) Nov. 5, 1990 104 Stat. 1672 Pub. L. 102190, div. A, title VI Dec. 5, 1991 105 Stat. 1376 Pub. L. 105261, div. A, title VI,  621 Oct. 17, 1998 112 Stat. 2042 Pub. L. 10811, title I,  1316(a) Apr. 16, 2003 117 Stat. 570 Pub. L. 108136, div. A, title VI Nov. 24, 2003 117 Stat. 1503 Pub. L. 108375, div. A, title VI,  623(a) Oct. 28, 2004 118 Stat. 1955 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3300 Pub. L. 11184, div. A, title VI,  618(a) Oct. 28, 2009 123 Stat. 2355 Pub. L. 11281, div. A, title VI,  616(a) Dec. 31, 2011 125 Stat. 1451 Pub. L. 112239, div. A, title X,  1076(h)(1) Jan. 2, 2013 126 Stat. 1955  Editorial Notes Amendments 2013Subsec. (c)(1). Pub. L. 112239 2011Subsec. (a). Pub. L. 11281,  616(a)(1) Subsec. (b). Pub. L. 11281,  616(a)(2) (1) The special pay authorized by subsection (a) may not exceed $225 a month. (2) Except as provided in subsection (c), if a member does not satisfy the eligibility requirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of special pay under subsection (a), the Secretary concerned may prorate the payment amount to reflect the duration of the members actual qualifying service during the month. Subsec. (c)(1). Pub. L. 11281,  616(a)(3) Subsec. (d)(2). Pub. L. 11281,  616(a)(4) 2009Subsec. (a). Pub. L. 11184,  618(a)(1) Subsecs. (b), (c). Pub. L. 11184,  618(a)(3) Subsec. (c)(3). Pub. L. 11184,  618(a)(2) Subsecs. (d), (e). Pub. L. 11184,  618(a)(3) 2006Subsec. (b). Pub. L. 109163,  642(b) Subsec. (c). Pub. L. 109163,  636 2004Subsec. (a). Pub. L. 108375,  623(a)(2)(A) Subsec. (e). Pub. L. 108375,  623(a)(2)(B) October 1, 2003 December 31, 2005 Pub. L. 108375,  623(a)(1) December 31, 2005 December 31, 2004 2003Subsec. (a). Pub. L. 108136,  618(a)(2) (1) was subject to hostile fire or explosion of hostile mines; (2) was on duty in an area in which he was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; (3) was killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or (4) was on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions. A member covered by clause (3) who is hospitalized for the treatment of his injury or wound may be paid special pay under this section for not more than three additional months during which he is so hospitalized. Pub. L. 10811,  1316(a) Pub. L. 108136,  618(d)(2) Subsec. (b). Pub. L. 108136,  618(a)(2) Subsec. (c). Pub. L. 108136,  618(b)(1) Pub. L. 108136,  618(a)(1) Subsec. (d). Pub. L. 108136,  618(b)(2) Pub. L. 108136,  618(a)(1) Subsec. (e). Pub. L. 108136,  619 1998Subsec. (b). Pub. L. 105261 1991Subsec. (a). Pub. L. 102190 section 301(c)(1) of this title 1990Subsec. (d). Pub. L. 101510 1985Subsec. (a). Pub. L. 99145 section 301(c)(1) of this title 1983 Pub. L. 9894,  905(b)(1) Subsec. (a)(4). Pub. L. 9894,  905(a) 1965Subsec. (a). Pub. L. 89132 Statutory Notes and Related Subsidiaries Effective Date of 2004 Amendment Pub. L. 108375, div. A, title VI,  623(a)(2) Oct. 28, 2004 118 Stat. 1955 Jan. 1, 2006 Effective and Termination Dates of 2003 Amendments Pub. L. 108136, div. A, title VI,  618(c) Nov. 24, 2003 117 Stat. 1504 Subsections (a) and (b) of section 310 of title 37 September 11, 2001 Pub. L. 108136, div. A, title VI,  618(d)(2) Nov. 24, 2003 117 Stat. 1504 Apr. 16, 2003 Pub. L. 10811, title I,  1316(c) Apr. 16, 2003 117 Stat. 570 Pub. L. 108136, div. A, title VI,  618(d)(2) Nov. 24, 2003 117 Stat. 1504  (1) The amendments made by subsections (a) and (b) [amending this section and section 427 of this title September 30, 2003 (2) Effective on September 30, 2003 Apr. 16, 2003 Pub. L. 10811, title I,  1316(d) Apr. 16, 2003 117 Stat. 571 The amendments made by subsections (a) and (b) [amending this section and section 427 of this title October 1, 2002 Effective Date of 1985 Amendment Pub. L. 99145, title VI,  638(b) Nov. 8, 1985 99 Stat. 649 The amendment made by this section [amending this section] shall take effect on October 1, 1985 Effective Date of 1983 Amendment Pub. L. 9894, title IX,  905(c) Sept. 24, 1983 97 Stat. 637 The amendments made by this section [amending this section] shall take effect on October 1, 1983 Effective Date of 1965 Amendment Amendment by Pub. L. 89132 Sept. 1, 1965 section 10 of Pub. L. 89132 section 203 of this title Effective Date Section effective Oct. 1, 1963 section 14 of Pub. L. 88132 section 201 of this title Relation to Temporary Increase in Authorized Amount of Hostile Fire and Imminent Danger Special Pay Pub. L. 108136, div. A, title VI,  618(d)(1) Nov. 24, 2003 117 Stat. 1504  The amendment made by subsection (a)(2) [amending this section] does not affect the authority to pay an increased amount of hostile fire and imminent danger special pay under section 310 of title 37 (A) the amendment made by subsection (a) of section 1316 of Public Law 10811 117 Stat. 570 section 113 of Public Law 10884 117 Stat. 1044 (B) the amendment made by section 619 of this Act [amending this section] during the period specified in such amendment. Retroactive Payment of Hostile Fire or Imminent Danger Pay for Service in Eastern Mediterranean Sea in Operation Iraqi Freedom Pub. L. 108136, div. A, title VI,  620 Nov. 24, 2003 117 Stat. 1504  (a)  Payment Authorized The Secretary of Defense may authorize the payment of hostile fire or imminent danger pay under section 310(a) of title 37 March 19, 2003 April 11, 2003 (b)  Specified Area The area referred to in subsection (a) is the Mediterranean Sea east of 30 degrees East Longitude (sea area only). Rates of Pay for Fiscal Year 2004 Pub. L. 108106, title I,  1104 Nov. 6, 2003 117 Stat. 1214 From October 1, 2003 September 30, 2004 section 310(a) of title 37 section 427(a)(1) of title 37 Retroactive Authorization for Imminent Danger Pay for Service in Connection With Operation Enduring Freedom Pub. L. 107107, div. A, title VI,  624 Dec. 28, 2001 115 Stat. 1143  (a)  Retroactive Authorization The Secretary of Defense may provide for the payment of imminent danger pay under section 310 of title 37 September 19, 2001 October 31, 2001 (b)  Specified Areas The areas referred to in subsection (a) are the following: (1) The land areas of Kyrgyzstan, Oman, the United Arab Emirates, and Uzbekistan. (2) The Red Sea, the Gulf of Aden, the Gulf of Oman, and the Arabian Sea (that portion north of 10 north latitude and west of 68 east longitude). Temporary Increase in Special Pay in Connection With Persian Gulf Conflict Pub. L. 10225, title III,  301 Apr. 6, 1991 105 Stat. 80  (a)  Increased Rate In lieu of the rate of special pay specified in section 310(a) of title 37 (b)  Period of Applicability Subsection (a) shall apply during the period beginning on August 1, 1990 Imminent Danger Pay in Connection With Operation Desert Shield Pub. L. 101510, div. A, title XI,  1111(a) Nov. 5, 1990 104 Stat. 1635 The Secretary of Defense may provide for the payment of imminent danger pay under section 310 of title 37 August 1, 1990 Nov. 5, 1990 [ 311. Repealed. Pub. L. 99145, title VI,  639(b) Nov. 8, 1985 99 Stat. 651   Section, added Pub. L. 90207,  1(2)(A) Dec. 16, 1967 81 Stat. 651 Pub. L. 90603,  1 Oct. 18, 1968 82 Stat. 1187 Pub. L. 90623,  3(5) Oct. 22, 1968 82 Stat. 1314 Pub. L. 93274,  1(3) May 6, 1974 88 Stat. 95 Pub. L. 93394,  1 Aug. 29, 1974 88 Stat. 792 Pub. L. 96284,  4(d)(1) June 28, 1980 94 Stat. 591 Pub. L. 96513, title IV,  414(b) Dec. 12, 1980 94 Stat. 2906 section 302b of this title Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1985 section 639(f) of Pub. L. 99145 section 302b of this title  312. Special pay: nuclear-qualified officers extending period of active service (a)  Special Pay Authorized; Eligibility Under regulations to be prescribed by the Secretary of the Navy, the Secretary may pay special pay under subsection (b) to an officer of the naval service who (1) is entitled to basic pay; (2) has the current technical qualification for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants; and (3) executes a written agreement to remain on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants for a period of not less than three years, so long as the new period of obligated active service does not extend beyond the end of 30 years of commissioned service, in addition to any other period of obligated active service. (b)  Payment Amount; Payment Options (1) The total amount paid to an officer under an agreement under subsection (a) or (e)(1) may not exceed $30,000 for each year of the active-service agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled. (2) The Secretary shall determine annually the necessity for continuance of the special pay and the rate of special pay per year for such active-service agreements accepted within each 12-month period. (3) Upon acceptance of an agreement under subsection (a) or (e)(1) by the Secretary, the total amount payable shall be paid in a single lump-sum or in annual installments of equal or different amounts over the length of the contract, commencing at the expiration of any existing period of obligated active service. (4) The Secretary may accept an active service agreement under this section not more than one year in advance of the end of an officers existing period of obligated active service under such an agreement. In such a case, the amount of the special pay may be paid commencing with the date of acceptance of the agreement, and, if the special pay will be paid in annual installments, the number of installments may not exceed the number of years covered by the agreement plus one. (c)  Repayment An officer who does not complete the period of active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants that the officer agreed to serve, and for which a payment was made under subsection (b) or (e)(1), shall be subject to the repayment provisions of section 303a(e) of this title (d)  Relation to Service Obligation Nothing in this section shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion of the additional period of active service under this section shall in no way obligate the President to accept a resignation submitted by a regular officer. (e)  New Agreement (1) An officer who is performing obligated service under an agreement under subsection (a) may, if the amount that may be paid under subsection (b) is higher than at the time the officer executed such agreement, execute a new agreement under this subsection. The period of such an agreement shall be a period equal to or exceeding the original period of the officers existing agreement, so long as the period of obligated active service under the new agreement does not extend beyond the maximum number of years of commissioned service authorized by subsection (a)(3). If a new agreement is executed under this subsection, the existing active-service agreement shall be cancelled, effective on the day before an anniversary date of that agreement after the date on which the amount that may be paid under this section is increased. (2) This subsection shall be carried out under regulations prescribed by the Secretary of the Navy. (f)  Duration of Authority The provisions of this section shall be effective only in the case of officers who, on or before December 31, 2018 (Added Pub. L. 9120,  1(1) June 3, 1969 83 Stat. 12 Pub. L. 92581,  1(1) Oct. 27, 1972 86 Stat. 1277 Pub. L. 94356,  2 July 12, 1976 90 Stat. 901 Pub. L. 96513, title V,  516(8) Dec. 12, 1980 94 Stat. 2938 Pub. L. 96579,  2(a) Dec. 23, 1980 94 Stat. 3359 Pub. L. 99145, title VI,  632(a) Nov. 8, 1985 99 Stat. 643 Pub. L. 101189, div. A, title VI,  614(a) Nov. 29, 1989 103 Stat. 1446 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 103337, div. A, title VI,  613(g) Oct. 5, 1994 108 Stat. 2783 Pub. L. 104106, div. A, title VI,  613(e) Feb. 10, 1996 110 Stat. 360 Pub. L. 104201, div. A, title VI,  613(d) Sept. 23, 1996 110 Stat. 2544 Pub. L. 10585, div. A, title VI Nov. 18, 1997 111 Stat. 1786 Pub. L. 105261, div. A, title VI,  613(d) Oct. 17, 1998 112 Stat. 2039 Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 650 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  613(a) Dec. 28, 2001 115 Stat. 1136 Pub. L. 107314, div. A, title VI,  613(a) Dec. 2, 2002 116 Stat. 2568 Pub. L. 108136, div. A, title VI,  613(a) Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI,  613(a) Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3294 Pub. L. 109364, div. A, title VI Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4485 Pub. L. 11184, div. A, title VI,  613(1) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  613(1) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  613(1) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  613(1) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  613(1) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  613(1) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  613(1) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  613(1) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  613(1) Dec. 12, 2017 131 Stat. 1422  Editorial Notes Amendments 2017Subsec. (f). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (f). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (f). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (f). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (f). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (f). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (f). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (a)(3). Pub. L. 110417,  617 Pub. L. 110181,  621(a)(1) Subsec. (e)(1). Pub. L. 110181,  621(a)(2) Subsec. (f). Pub. L. 110417,  613(a) December 31, 2009 December 31, 2008 Pub. L. 110181,  613(a) December 31, 2008 December 31, 2007 2006Subsec. (a). Pub. L. 109364,  618(c)(1) Pub. L. 109364,  618(b)(2)(C) Pub. L. 109364,  618(b)(2)(A) Pub. L. 109364,  618(a) Pub. L. 109163,  637 Subsec. (a)(3). Pub. L. 109364,  618(b)(2)(B) Subsec. (b). Pub. L. 109364,  618(b)(1) Pub. L. 109163,  687(b)(21) Subsec. (c). Pub. L. 109364,  618(b)(1) Subsec. (d). Pub. L. 109364,  618(b)(1) Subsec. (e). Pub. L. 109364,  618(b)(1) Pub. L. 109364,  613(a) December 31, 2007 December 31, 2006 Pub. L. 109163,  623(a) December 31, 2006 December 31, 2005 Subsec. (e)(1). Pub. L. 109364,  618(b)(4) Subsec. (f). Pub. L. 109364,  618(b)(1) 2004Subsec. (e). Pub. L. 108375 December 31, 2005 December 31, 2004 2003Subsec. (e). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (e). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (e). Pub. L. 107107 December 31, 2002 December 31, 2001 2000Subsec. (e). Pub. L. 106398 December 31, 2001 December 31, 2000 1999Subsec. (a). Pub. L. 10665,  624(a) Subsec. (e). Pub. L. 10665,  613(e) December 31, 2000 December 31, 1999 1998Subsec. (e). Pub. L. 105261 December 31, 1999 September 30, 1999 1997Subsec. (a). Pub. L. 10585,  624(a) Subsec. (e). Pub. L. 10585,  613(d) September 30, 1999 September 30, 1998 1996Subsec. (e). Pub. L. 104201 September 30, 1998 September 30, 1997 Pub. L. 104106 September 30, 1997 September 30, 1996 1994Subsec. (e). Pub. L. 103337 September 30, 1996 September 30, 1995 1991Subsec. (d)(1). Pub. L. 10225 1989Subsec. (e). Pub. L. 101189 September 30, 1995 September 30, 1990 1985Subsec. (a). Pub. L. 99145,  632(a)(1)(D) Subsec. (a)(2) to (4). Pub. L. 99145,  632(a)(1)(A) Subsec. (b). Pub. L. 99145,  632(a)(2) Subsec. (c). Pub. L. 99145,  632(a)(4) Subsec. (d). Pub. L. 99145,  632(a)(5) Subsec. (e). Pub. L. 99145,  632(a)(6) September 30, 1990 September 30, 1987 1980Subsec. (a). Pub. L. 96579,  2(a)(1) Pub. L. 96513 Pub. L. 92581,  1(2)(A) Oct. 27, 1972 86 Stat. 1277 Subsec. (e). Pub. L. 96579,  2(a)(2) September 30, 1987 September 30, 1981 1976Subsec. (a). Pub. L. 94356,  2(1) Subsec. (e). Pub. L. 94356,  2(2) September 30, 1981 June 30, 1975 1972 Pub. L. 92581,  1(1) Subsec. (a)(2). Pub. L. 92581,  1(2)(A) Subsec. (a)(5). Pub. L. 92581,  1(2)(B) Subsec. (c). Pub. L. 92581,  1(2)(C) Subsec. (d). Pub. L. 92581,  1(2)(D) Subsec. (e). Pub. L. 92581,  1(2)(E) Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by section 613(a) of Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  624(d)(1) Oct. 5, 1999 113 Stat. 654 The amendments made by subsections (a) and (b) [amending this section and section 312b of this title October 1, 1999 Effective Date of 1997 Amendment Pub. L. 10585, div. A, title VI,  624(d) Nov. 18, 1997 111 Stat. 1793  (1) The amendments made by this section [amending this section and sections 312b and 312c of this title] shall take effect as of October 1, 1997 (2) The amendments made by subsections (a) and (b) [amending this section and section 312b of this title October 1, 1997 Effective Date of 1985 Amendment Pub. L. 99145, title VI,  632(d) Nov. 8, 1985 99 Stat. 646 The amendments made by this section [amending this section and sections 312b and 312c of this title] shall take effect on October 1, 1985 Effective Date of 1980 Amendments Pub. L. 96579,  2(d)(1) Dec. 23, 1980 94 Stat. 3360 The amendments made by subsection (a)(1) [amending this section] shall apply only with respect to active-duty agreements under section 312 of title 37 Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Effective Date of 1976 Amendment Pub. L. 94356,  5 July 12, 1976 90 Stat. 904 This Act [enacting section 312b of this title section 301 of this title Aug. 1, 1976 section 312c of title 37 October 1, 1975 Savings Provision For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Effect of Amendment by Pub. L. 110181 Pub. L. 110181, div. A, title VI,  621(b) Jan. 28, 2008 122 Stat. 152 The Secretary of the Navy and an officer of the naval service who is a party to an agreement under section 312 of title 37 Jan. 28, 2008 Active Service Agreements for Nuclear Qualified Officers Pub. L. 9760, title I,  118 Oct. 14, 1981 95 Stat. 997 Notwithstanding subsections (a) and (b) of section 312 of title 37 January 1, 1981 January 1, 1981 Exchange of Active Service Agreements by Naval Officers Pub. L. 94356,  4 July 12, 1976 90 Stat. 903  Notwithstanding any other provision of this Act [enacting section 312b and 312c of this title, amending this section, and enacting provisions set out as notes under this section and section 301 of this title section 312 of title 37 (1) as of the last day of the first year of that obligated service, to cancel that active service agreement in exchange for a new active service agreement in accordance with section 312 of title 37 (2) as of the last day of any year, other than the last year, of that obligated service, to cancel that active service agreement in exchange for eligibility for the annual bonus authorized by section 312c of title 37 [ 312a. Repealed. Pub. L. 109163, div. A, title VI,  629(d)(1) Jan. 6, 2006 119 Stat. 3297   Section, added Pub. L. 92581,  1(3) Oct. 27, 1972 86 Stat. 1277 Pub. L. 97295,  3(3) Oct. 12, 1982 96 Stat. 1303 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117  312b. Special pay: nuclear career accession bonus (a) (1) Under regulations prescribed by the Secretary of the Navy, an individual who is selected for officer naval nuclear power training and who executes a written agreement to participate in a program of training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants may be paid a bonus not to exceed $30,000 upon acceptance by the Secretary of the written agreement. Upon acceptance of the agreement by the Secretary, the amounts payable upon selection for training and upon completion of training, respectively, as determined under subsection (b), shall become fixed. (2) An officer who does not commence or complete satisfactorily the nuclear power training specified in the agreement under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title (b) The Secretary of the Navy shall determine annually the total amount of the bonus to be paid under this section and of that amount the portions that are to be paid (1) upon selection for officer naval nuclear power training; and (2) upon successful completion, as a commissioned officer, of training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants. (c) The provisions of this section shall be effective only in the case of officers who, on or before December 31, 2018 (Added Pub. L. 94356,  3 July 12, 1976 90 Stat. 901 Pub. L. 96579,  2(b) Dec. 23, 1980 94 Stat. 3359 Pub. L. 9760, title I,  119 Oct. 14, 1981 95 Stat. 997 Pub. L. 99145, title VI,  632(b) Nov. 8, 1985 99 Stat. 644 Pub. L. 101189, div. A, title VI,  614(b) Nov. 29, 1989 103 Stat. 1446 Pub. L. 101510, div. A, title XIII,  1322(c)(7) Nov. 5, 1990 104 Stat. 1672 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 103337, div. A, title VI,  613(h) Oct. 5, 1994 108 Stat. 2784 Pub. L. 104106, div. A, title VI,  613(f) Feb. 10, 1996 110 Stat. 360 Pub. L. 104201, div. A, title VI,  613(e) Sept. 23, 1996 110 Stat. 2544 Pub. L. 10585, div. A, title VI Nov. 18, 1997 111 Stat. 1786 Pub. L. 105261, div. A, title VI,  613(e) Oct. 17, 1998 112 Stat. 2039 Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 650 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  613(b) Dec. 28, 2001 115 Stat. 1136 Pub. L. 107314, div. A, title VI,  613(b) Dec. 2, 2002 116 Stat. 2568 Pub. L. 108136, div. A, title VI,  613(b) Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI,  613(b) Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3295 Pub. L. 109364, div. A, title VI Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI,  613(b) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4485 Pub. L. 11184, div. A, title VI,  613(2) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  613(2) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  613(2) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  613(2) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  613(2) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  613(2) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  613(2) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  613(2) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  613(2) Dec. 12, 2017 131 Stat. 1422  Editorial Notes Amendments 2017Subsec. (c). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (c). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (c). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (c). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (c). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (c). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (c). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (c). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (a)(1). Pub. L. 109364,  619(a) Subsec. (a)(2). Pub. L. 109163,  687(b)(22) Subsec. (c). Pub. L. 109364,  613(b) December 31, 2007 December 31, 2006 Pub. L. 109163,  623(b) December 31, 2006 December 31, 2005 2004Subsec. (c). Pub. L. 108375 December 31, 2005 December 31, 2004 2003Subsec. (c). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (c). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (c). Pub. L. 107107 December 31, 2002 December 31, 2001 2000Subsec. (c). Pub. L. 106398 December 31, 2001 December 31, 2000 1999Subsec. (a)(1). Pub. L. 10665,  624(b) Subsec. (c). Pub. L. 10665,  613(f) December 31, 2000 December 31, 1999 1998Subsec. (c). Pub. L. 105261 December 31, 1999 September 30, 1999 1997Subsec. (a)(1). Pub. L. 10585,  624(b) Subsec. (c). Pub. L. 10585,  613(e) September 30, 1999 September 30, 1998 1996Subsec. (c). Pub. L. 104201 September 30, 1998 September 30, 1997 Pub. L. 104106 September 30, 1997 September 30, 1996 1994Subsec. (c). Pub. L. 103337 September 30, 1996 September 30, 1995 1991Subsec. (a)(1). Pub. L. 10225 1990Subsecs. (c), (d). Pub. L. 101510 1989Subsec. (d). Pub. L. 101189 September 30, 1995 September 30, 1990 1985Subsec. (a)(1). Pub. L. 99145,  632(b)(1) Subsec. (b). Pub. L. 99145,  632(b)(2) (1) is entitled to basic pay; (2) has not completed five years of commissioned service; and (3) has, as a commissioned officer, received training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; may, upon successful completion of that training, in addition to all other compensation to which he is entitled, be paid a bonus in an amount not to exceed $3,000. Subsec. (c). Pub. L. 99145,  1303(b)(4) Subsec. (d). Pub. L. 99145,  632(b)(3) September 30, 1990 September 30, 1987 1981Subsec. (a)(1). Pub. L. 9760 1980Subsec. (a). Pub. L. 96579,  2(b)(1)(B) Subsec. (b). Pub. L. 96579,  2(b)(1)(A) Subsec. (c). Pub. L. 96579,  2(b)(1)(A) Subsec. (d). Pub. L. 96579,  2(b)(1)(A) September 30, 1987 September 30, 1981 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2006 Amendment Pub. L. 109364, div. A, title VI,  619(b) Oct. 17, 2006 120 Stat. 2252 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006 section 312b of title 37 Effective Date of 1999 Amendment Amendment by section 624(b) of Pub. L. 10665 Oct. 1, 1999 section 312 of this title section 624(d)(1) of Pub. L. 10665 section 312 of this title Effective Date of 1997 Amendment Amendment by section 624(b) of Pub. L. 10585 Oct. 1, 1997 Oct. 1, 1997 section 624(d) of Pub. L. 10585 section 312 of this title Effective Date of 1985 Amendment Amendment by Pub. L. 99145 Oct. 1, 1985 section 632(d) of Pub. L. 99145 section 312 of this title Effective Date of 1980 Amendment Pub. L. 96579,  2(d)(2) Dec. 23, 1980 94 Stat. 3360 The amendments made by subsection (b)(1) [amending this section] shall apply only with respect to agreements executed under section 312b(a) of title 37 Effective Date Section effective Aug. 1, 1976 section 5 of Pub. L. 94356 section 312 of this title Savings Provision For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  312c. Special pay: nuclear career annual incentive bonus (a) (1) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who (A) is entitled to basic pay; (B) is not above the pay grade O6; (C) has completed his initial obligated active service as an officer; (D) has, as a commissioned officer, successfully completed training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and (E) has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $22,000 for each nuclear service year. (2) In order to be eligible for an annual bonus for any nuclear service year in accordance with this subsection, an otherwise technically qualified officer must have been on active duty on the last day of that nuclear service year. (3) The amount of the annual bonus to which an officer would otherwise be entitled for a nuclear service year in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he (A) was not on active duty; (B) was not technically qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; (C) was performing obligated service as the result of an active-service agreement executed under section 312 of this title (D) was entitled to receive aviation career incentive pay in accordance with section 301a while serving in a billet other than a billet that required the officer (i) be technically qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and (ii) be qualified for the performance of operational flying duties. (b) (1) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who (A) is entitled to basic pay; (B) is not above the pay grade O6; (C) has, as an enlisted member, received training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and (D) has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $14,000 for each nuclear service year. (2) In order to be eligible for an annual bonus for any nuclear service year in accordance with this subsection, an otherwise technically qualified officer must have been on active duty on the last day of that nuclear service year. (3) The amount of the annual bonus to which an officer would otherwise be entitled in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he (A) was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants; (B) was performing obligated service as the result of an active-service agreement executed under section 312 of this title (C) was entitled to receive aviation career incentive pay in accordance with section 301a while serving in a billet other than a billet (i) involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants; and (ii) that required the officer be qualified for the performance of operational flying duties. (c) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who is not on active duty on the last day of a nuclear service year or who, on or before the last day of a nuclear service year, loses his technical qualifications or advances from the pay grade of O6 to a higher pay grade may be paid a bonus in accordance with subsection (a) or (b) on a pro rata basis, if otherwise qualified, unless termination of active duty or loss of technical qualifications was voluntary or was the result of his own misconduct. (d) For the purposes of this section, a nuclear service year is any fiscal year beginning before December 31, 2018 (Added Pub. L. 94356,  3 July 12, 1976 90 Stat. 901 Pub. L. 96513, title V,  516(9) Dec. 12, 1980 94 Stat. 2938 Pub. L. 96579,  2(c) Dec. 23, 1980 94 Stat. 3359 Pub. L. 99145, title VI,  632(c) Nov. 8, 1985 99 Stat. 645 Pub. L. 101189, div. A, title VI,  614(c) Nov. 29, 1989 103 Stat. 1446 Pub. L. 101510, div. A, title XIII,  1322(c)(8) Nov. 5, 1990 104 Stat. 1672 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 103337, div. A, title VI,  613(i) Oct. 5, 1994 108 Stat. 2784 Pub. L. 104106, div. A, title VI,  613(g) Feb. 10, 1996 110 Stat. 360 Pub. L. 104201, div. A, title VI,  613(f) Sept. 23, 1996 110 Stat. 2544 Pub. L. 10585, div. A, title VI Nov. 18, 1997 111 Stat. 1786 Pub. L. 105261, div. A, title VI,  613(f) Oct. 17, 1998 112 Stat. 2039 Pub. L. 10665, div. A, title VI Oct. 5, 1999 113 Stat. 650 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  613(c) Dec. 28, 2001 115 Stat. 1136 Pub. L. 107314, div. A, title VI,  613(c) Dec. 2, 2002 116 Stat. 2568 Pub. L. 108136, div. A, title VI,  613(c) Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI,  613(c) Oct. 28, 2004 118 Stat. 1947 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3295 Pub. L. 109364, div. A, title VI,  613(c) Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI,  613(c) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4485 Pub. L. 11184, div. A, title VI,  613(3) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  613(3) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  613(3) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  613(3) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  613(3) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  613(3) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  613(3) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  613(3) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  613(3) Dec. 12, 2017 131 Stat. 1422  Editorial Notes Amendments 2017Subsec. (d). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (d). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (d). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (d). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (d). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (d). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (d). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (d). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (b)(1). Pub. L. 109163,  638 Subsec. (d). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  623(c) December 31, 2006 December 31, 2005 2004Subsec. (d). Pub. L. 108375 December 31, 2005 December 31, 2004 2003Subsec. (d). Pub. L. 108136 December 31, 2004 December 31, 2003 2002Subsec. (d). Pub. L. 107314 December 31, 2003 December 31, 2002 2001Subsec. (d). Pub. L. 107107 December 31, 2002 December 31, 2001 2000Subsec. (d). Pub. L. 106398 December 31, 2001 December 31, 2000 1999Subsec. (a)(1). Pub. L. 10665,  624(c)(1) Subsec. (b)(1). Pub. L. 10665,  624(c)(2) Subsec. (d). Pub. L. 10665,  613(g) December 31, 2000 October 1, 1998 December 31, 1999 1998Subsec. (d). Pub. L. 105261 October 1, 1998 December 31, 1999 October 1, 1999 1997Subsec. (a)(1). Pub. L. 10585,  624(c)(1) Subsec. (b)(1). Pub. L. 10585,  624(c)(2) Subsec. (d). Pub. L. 10585,  613(f) October 1, 1999 October 1, 1998 1996Subsec. (d). Pub. L. 104201 October 1, 1998 October 1, 1997 Pub. L. 104106 October 1, 1997 October 1, 1996 1994Subsec. (d). Pub. L. 103337 October 1, 1996 October 1, 1995 1991Subsec. (c). Pub. L. 10225 1990Subsecs. (d), (e). Pub. L. 101510 1989Subsecs. (a)(1), (b)(1). Pub. L. 101189,  614(c)(1) October 1, 1990 Subsec. (e). Pub. L. 101189,  614(c)(2) October 1, 1995 October 1, 1990 1985Subsec. (a). Pub. L. 99145,  632(c)(1) October 1, 1990 October 1, 1987 section 312 of this title section 301a of this title Subsec. (b). Pub. L. 99145,  632(c)(2) October 1, 1990 October 1, 1987 section 312 of this title section 301a of this title Subsec. (e). Pub. L. 99145,  632(c)(3) October 1, 1990 October 1, 1987 1980Subsec. (a). Pub. L. 96579,  2(c)(1) October 1, 1987 September 30, 1975 October 1, 1981 Pub. L. 96513,  516(9)(A) Provided Subsec. (b). Pub. L. 96579,  2(c)(2) October 1, 1987 September 30, 1975 October 1, 1981 Subsec. (d). Pub. L. 96513,  516(9)(B) Subsec. (e). Pub. L. 96579,  2(c)(3) Oct. 1, 1987 Oct. 1, 1975 Sept. 30, 1976 Sept. 30, 1976 Oct. 1, 1981 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  624(d)(2) Oct. 5, 1999 113 Stat. 654 The amendments made by subsection (c) [amending this section] shall take effect on October 1, 1999 Effective Date of 1997 Amendment Amendment by section 624(c) of Pub. L. 10585 Oct. 1, 1997 section 624(d) of Pub. L. 10585 section 312 of this title Effective Date of 1985 Amendment Amendment by Pub. L. 99145 Oct. 1, 1985 section 632(d) of Pub. L. 99145 section 312 of this title Effective Date of 1980 Amendments Pub. L. 96579,  2(d)(3) Dec. 23, 1980 94 Stat. 3360 The amendments made by subsection (c) [amending this section] shall become effective on the first day of the first month following the month in which this section is enacted [December 1980]. Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Effective Date Section effective Oct. 1, 1975 section 5 of Pub. L. 94356 section 312 of this title [ 313. Repealed. Pub. L. 96513, title IV,  414(a) Dec. 12, 1980 94 Stat. 2906   Section, added Pub. L. 93274,  1(4) May 6, 1974 88 Stat. 95 Pub. L. 94273,  43 Apr. 21, 1976 90 Stat. 381 Pub. L. 96107, title VIII,  804(b) Nov. 9, 1979 93 Stat. 812 Pub. L. 96284,  3(b)(1) June 28, 1980 94 Stat. 590 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 15, 1981 section 701 of Pub. L. 96513 section 101 of Title 10  314. Special pay or bonus: qualified members extending duty at designated locations overseas (a)  Covered Members This section applies with respect to a member of an armed force who (1) is entitled to basic pay; (2) has a specialty that is designated by the Secretary concerned for the purposes of this section; (3) has completed a tour of duty (as defined in accordance with regulations prescribed by the Secretary concerned) at a location outside the continental United States that is designated by the Secretary concerned for the purposes of this section; and (4) at the end of that tour of duty executes an agreement to extend that tour for a period of not less than one year. (b)  Special Pay or Bonus Authorized Upon the acceptance by the Secretary concerned of the agreement providing for an extension of the tour of duty of a member described in subsection (a), the member is entitled, at the election of the Secretary concerned, to either (1) special pay in monthly installments in an amount prescribed by the Secretary, but not to exceed $80 per month; or (2) an annual bonus in an amount prescribed by the Secretary, but not to exceed $2,000 per year. (c)  Selection and Payment of Special Pay or Bonus Not later than the date on which the Secretary concerned accepts an agreement described in subsection (a)(4) providing for the extension of a members tour of duty, the Secretary concerned shall notify the member regarding whether the member will receive special pay or a bonus under this section. The payment rate for the special pay or bonus shall be fixed at the time of the agreement and may not be changed during the period of the extended tour of duty. The Secretary concerned may pay a bonus under this section either in a lump sum or installments. (d)  Repayment A member who, having entered into a written agreement to extend a tour of duty for a period under subsection (a), receives a bonus payment under subsection (b)(2) for a 12-month period covered by the agreement and ceases during that 12-month period to perform the agreed tour of duty shall be subject to the repayment provisions of section 303a(e) of this title (e)  Effect of Rest and Recuperative Absence A member who elects to receive one of the benefits specified in section 705(b) of title 10 (Added Pub. L. 96579,  5(a)(1) Dec. 23, 1980 94 Stat. 3366 Pub. L. 99145, title VI,  641(a) Nov. 8, 1985 99 Stat. 652 Pub. L. 10585, div. A, title VI,  625(a)(1) Nov. 18, 1997 111 Stat. 1794 Pub. L. 107314, div. A, title VI,  654(b)(1) Dec. 2, 2002 116 Stat. 2582 Pub. L. 108136, div. A, title VI,  621(a)(1) Nov. 24, 2003 117 Stat. 1505 Pub. L. 109163, div. A, title VI,  687(b)(23) Jan. 6, 2006 119 Stat. 3331  Editorial Notes  References in Text The date of the enactment of the National Defense Authorization Act for Fiscal Year 1998, referred to in subsec. (d)(4), is the date of enactment of Pub. L. 10585 Nov. 18, 1997 Amendments 2006Subsec. (d). Pub. L. 109163 2003 Pub. L. 108136,  621(a)(2)(A) Subsecs. (a), (b). Pub. L. 108136,  621(a)(1) 2002Subsec. (a)(3). Pub. L. 107314 1997 Pub. L. 10585 1985Subsec. (a). Pub. L. 99145 Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Pub. L. 10585, div. A, title VI,  625(b) Nov. 18, 1997 111 Stat. 1795  Section 314 of title 37 October 1, 1997 Effective Date of 1985 Amendment Pub. L. 99145, title VI,  641(b) Nov. 8, 1985 99 Stat. 652 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1985 Effective Date Pub. L. 96579,  5(c)(1) Dec. 23, 1980 94 Stat. 3367  Section 314 of title 37 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  315. Special pay: engineering and scientific career continuation pay (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 O7; (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. 9760, title I,  120(a) Oct. 14, 1981 95 Stat. 998 Pub. L. 99145, title VI,  637(a) Nov. 8, 1985 99 Stat. 648 Pub. L. 10026,  8(e)(6) Apr. 21, 1987 101 Stat. 286 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 109163, div. A, title VI,  687(b)(24) Jan. 6, 2006 119 Stat. 3331  Editorial Notes Amendments 2006Subsec. (c). Pub. L. 109163 1991Subsec. (c). Pub. L. 10225 1987Subsec. (a). Pub. L. 10026 1985Subsec. (a). Pub. L. 99145,  637(a)(1) Subsec. (b). Pub. L. 99145,  637(a)(2) Statutory Notes and Related Subsidiaries Effective Date of 1985 Amendment Pub. L. 99145, title VI,  637(b) Nov. 8, 1985 99 Stat. 649 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  316. Special pay: bonus for members with foreign language proficiency (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. 99661, div. A, title VI,  634(a)(1) Nov. 14, 1986 100 Stat. 3884 Pub. L. 104201, div. A, title VI,  616(a) Sept. 23, 1996 110 Stat. 2547 Pub. L. 10665, div. A, title VI,  625(a) Oct. 5, 1999 113 Stat. 654 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 108375, div. A, title VI,  620(a)(1) Oct. 28, 2004 118 Stat. 1952 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3301  Editorial Notes Amendments 2006 Pub. L. 109163,  639(e)(1) Subsec. (a). Pub. L. 109163,  639(a) section 204 of this title Subsec. (b). Pub. L. 109163,  639(b)(1) Subsec. (c). Pub. L. 109163,  639(d)(1) Subsec. (d). Pub. L. 109163,  639(b)(1) (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. 109163,  639(d)(2)(A)(i) Subsec. (d)(1)(C). Pub. L. 109163,  639(d)(2)(A)(ii) Subsec. (d)(2). Pub. L. 109163,  639(d)(2)(B) Subsec. (d)(3). Pub. L. 109163,  639(d)(2)(C) Subsec. (d)(4). Pub. L. 109163,  639(d)(2)(D) section 303a(e) of this title Subsec. (e). Pub. L. 109163,  687(b)(25) (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. 109163,  639(b)(1) (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 Subsec. (f). Pub. L. 109163,  639(b)(2) Subsec. (g). Pub. L. 109163,  639(b)(1) (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. 109163,  639(b)(2) 2004 Pub. L. 108375 section 204 of this title section 206 of this title 2002Subsec. (d). Pub. L. 107296 1999Subsec. (b). Pub. L. 10665 1996Subsec. (a). Pub. L. 104201,  616(a)(1) Subsec. (a)(2). Pub. L. 104201,  616(a)(2) Subsec. (a)(3)(A). Pub. L. 104201,  616(a)(3)(A) Subsec. (a)(3)(C). Pub. L. 104201,  616(a)(3)(B) Subsec. (a)(3)(D). Pub. L. 104201,  616(a)(3)(C) Subsec. (d). Pub. L. 104201,  616(b) Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  625(b) Oct. 5, 1999 113 Stat. 654 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999 Effective Date of 1996 Amendment Pub. L. 104201, div. A, title VI,  616(c) Sept. 23, 1996 110 Stat. 2547 The amendments made by this section [amending this section] shall take effect on October 1, 1996 Effective Date Pub. L. 99661, div. A, title VI,  634(b) Nov. 14, 1986 100 Stat. 3885  Section 316 of title 37 Nov. 14, 1986 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency (a)  Incentive Pay The Secretary of Defense may pay incentive pay under this section to an individual who (1) is enrolled as a member of the Senior Reserve Officers Training Corps or the Marine Corps Platoon Leaders Class, as determined in accordance with regulations prescribed by the Secretary of Defense under subsection (e); and (2) participates in a language immersion program approved for purposes of the Senior Reserve Officers Training Corps, or in study abroad, or is enrolled in an academic course that involves instruction in a foreign language of strategic interest to the Department of Defense as designated by the Secretary of Defense for purposes of this section. (b)  Period of Payment Incentive pay is payable under this section to an individual described in subsection (a) for the period of the individuals participation in the language program or study described in paragraph (2) of that subsection. (c)  Amount The amount of incentive pay payable to an individual under this section may not exceed $3,000 per year. (d)  Repayment An individual who is paid incentive pay under this section but who does not satisfactorily complete participation in the individuals language program or study as described in subsection (a)(2), or who does not complete the requirements of the Senior Reserve Officers Training Corps or the Marine Corps Platoon Leaders Class, as applicable, shall be subject to the repayment provisions of section 303a(e) of this title (e)  Regulations This section shall be administered under regulations prescribed by the Secretary of Defense. (f)  Termination of Authority No incentive pay may be paid under this section after December 31, 2018 (Added Pub. L. 110417 Oct. 14, 2008 122 Stat. 4488 Pub. L. 11281, div. A, title X,  1065(b) Dec. 31, 2011 125 Stat. 1588 Pub. L. 11366, div. A, title VI,  616 Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  615(5) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  615(5) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  615(5) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  615(5) Dec. 12, 2017 131 Stat. 1423  Editorial Notes Prior Provisions A prior section 316a, added Pub. L. 102190, div. A, title VI,  636(a) Dec. 5, 1991 105 Stat. 1382 Pub. L. 108375, div. A, title VI,  620(b)(1) Oct. 28, 2004 118 Stat. 1954 Amendments 2017Subsec. (f). Pub. L. 11591 December 31, 2018 December 31, 2017 Pub. L. 11492,  1072(a)(2) 2016Subsec. (f). Pub. L. 114328 December 31, 2017 December 31, 2016 Pub. L. 11492,  1072(a)(2) 2015Subsec. (f). Pub. L. 11492,  1072(a) Subsec. (g). Pub. L. 11492,  1072(a)(2) Pub. L. 11492,  615(5) December 31, 2016 December 31, 2015 2014Subsec. (g). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (g). Pub. L. 11366 December 31, 2014 December 31, 2013 2011Subsec. (f). Pub. L. 11281 April 1, 2012 January 1, 2010  317. Special pay: officers in critical acquisition positions extending period of active duty (a)  Bonus Authorized An officer described in subsection (b) who executes a written agreement to remain on active duty in a critical acquisition position for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section. (b)  Covered Officers An officer referred to in subsection (a) is an officer of the Army, Navy, Air Force, or Marine Corps who (1) is a member of the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under section 1731 of title 10 1 1 (2) is eligible to retire, or is assigned to such position for a period that will extend beyond the date on which the officer will be eligible to retire, under any provision of law. (c)  Amount of Bonus The amount of a bonus paid under this section for each year a member agrees to remain on active duty may not be more than 15 percent of the annual rate of basic pay paid to the member at the time the member executes a written agreement under this section. (d)  Payment of Bonus Upon the acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed and may be paid by the Secretary in either a lump sum or installments. (e)  Additional Pay A bonus paid under this section is in addition to other pay and allowances to which an officer is entitled. (f)  Repayment An officer who, having entered into a written agreement under subsection (a) 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 (g)  Period of Commitment The period of active duty agreed upon by an officer in a written agreement under this section is in addition to any other service commitment of the officer, except that any period of active duty agreed upon in a written agreement under subsection (a)(2) or (b)(2) of section 1734 of title 10 (h)  Regulations The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense. (Added Pub. L. 101510, div. A, title XII,  1203(a)(1) Nov. 5, 1990 104 Stat. 1656 Pub. L. 109163, div. A, title VI,  687(b)(26) Jan. 6, 2006 119 Stat. 3331 Pub. L. 11692, div. A, title VIII,  861(j)(17) Dec. 20, 2019 133 Stat. 1520  Editorial Notes Amendments 2019Subsec. (b)(1). Pub. L. 11692 section 317 of this title section 1733 of title 10 2006Subsec. (f). Pub. L. 109163 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 101510, div. A, title XII,  1203(b) Nov. 5, 1990 104 Stat. 1658  Section 317 of title 37 October 1, 1991 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  318. Special pay: special warfare officers extending period of active duty (a)  Special Warfare Officer Defined In this section, the term special warfare officer means an officer of a uniformed service who (1) is qualified for a military occupational specialty or designator identified by the Secretary concerned as a special warfare military occupational specialty or designator; and (2) is serving in a position for which that specialty or designator is authorized. (b)  Retention Bonus Authorized A special warfare officer who meets the eligibility requirements specified in subsection (c) and who executes a written agreement to remain on active duty in special warfare service for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section. (c)  Eligibility Requirements A special warfare officer may apply to enter into an agreement referred to in subsection (b) if the officer (1) is in pay grade O3, or is in pay grade O4 and is not on a list of officers recommended for promotion, at the time the officer applies to enter into the agreement; (2) has completed at least 6, but not more than 14, years of active commissioned service; and (3) has completed any service commitment incurred to be commissioned as an officer. (d)  Amount of Bonus The amount of a retention bonus paid under this section may not be more than $15,000 for each year covered by the agreement. (e)  Proration The term of an agreement under subsection (b) and the amount of the retention bonus payable under subsection (d) may be prorated as long as the agreement does not extend beyond the date on which the officer executing the agreement would complete 14 years of active commissioned service. (f)  Payment Methods (1) Upon acceptance of an agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed. (2) The amount of the retention bonus may be paid as follows: (A) At the time the agreement is accepted by the Secretary concerned, the Secretary may make a lump sum payment equal to half the total amount payable under the agreement. The balance of the bonus amount shall be paid in equal annual installments on the anniversary of the acceptance of the agreement. (B) The Secretary concerned may make graduated annual payments under regulations prescribed by the Secretary, with the first payment being payable at the time the agreement is accepted by the Secretary and subsequent payments being payable on the anniversary of the acceptance of the agreement. (g)  Additional Pay A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled. (h)  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 in special warfare service as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title (i)  Regulations The Secretaries concerned shall prescribe regulations to carry out this section, including the definition of the term special warfare service for purposes of this section. Regulations prescribed by the Secretary of a military department under this section shall be subject to the approval of the Secretary of Defense. (Added Pub. L. 10665, div. A, title VI,  626(a)(1) Oct. 5, 1999 113 Stat. 655 Pub. L. 107107, div. A, title X,  1048(i)(7) Dec. 28, 2001 115 Stat. 1229 Pub. L. 109163, div. A, title VI,  687(b)(27) Jan. 6, 2006 119 Stat. 3331  Editorial Notes Amendments 2006Subsec. (h). Pub. L. 109163 2001Subsec. (h)(3). Pub. L. 107107 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 10665, div. A, title VI,  626(b) Oct. 5, 1999 113 Stat. 656 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  319. Special pay: surface warfare officer continuation pay (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 officers 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. 10665, div. A, title VI,  627(a)(1) Oct. 5, 1999 113 Stat. 656 Pub. L. 107107, div. A, title VI,  616(b) Dec. 28, 2001 115 Stat. 1137 Pub. L. 109163, div. A, title V,  515(d)(1)(E) Jan. 6, 2006 119 Stat. 3236  Editorial Notes Amendments 2006Subsec. (a). Pub. L. 109163,  515(d)(1)(E) Subsec. (f). Pub. L. 109163,  687(b)(28) 2001Subsec. (a)(3). Pub. L. 107107 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 10665, div. A, title VI,  627(b) Oct. 5, 1999 113 Stat. 657 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  320. Incentive pay: career enlisted flyers (a)  Eligible Career Enlisted Flyer Defined In this section, the term eligible career enlisted flyer means an enlisted member of the armed forces who (1) is entitled to basic pay under section 204 of this title section 206 of this title (2) holds an enlisted military occupational specialty or enlisted military rating designated as a career enlisted flyer specialty or rating by the Secretary concerned, performs duty as a dropsonde system operator, or is in training leading to qualification and designation of such a specialty or rating or the performance of such duty; (3) is qualified for aviation service under regulations prescribed by the Secretary concerned; and (4) satisfies the operational flying duty requirements applicable under subsection (c). (b)  Incentive Pay Authorized (1) The Secretary concerned may pay monthly incentive pay to an eligible career enlisted flyer in an amount not to exceed the monthly maximum amounts specified in subsection (d). The incentive pay may be paid as continuous monthly incentive pay or on a month-to-month basis, dependent upon the operational flying duty performed by the eligible career enlisted flyer as prescribed in subsection (c). (2) Continuous monthly incentive pay may not be paid to an eligible career enlisted flyer after the member completes 25 years of aviation service. Thereafter, an eligible career enlisted flyer may still receive incentive pay on a month-to-month basis under subsection (c)(4) for the frequent and regular performance of operational flying duty. (c)  Operational Flying Duty Requirements (1) An eligible career enlisted flyer must perform operational flying duties for 6 of the first 10, 9 of the first 15, and 14 of the first 20 years of aviation service, to be eligible for continuous monthly incentive pay under this section. (2) Upon completion of 10, 15, or 20 years of aviation service, an enlisted member who has not performed the minimum required operational flying duties specified in paragraph (1) during the prescribed period, although otherwise meeting the definition in subsection (a), may no longer be paid continuous monthly incentive pay except as provided in paragraph (3). Payment of continuous monthly incentive pay may be resumed if the member meets the minimum operational flying duty requirement upon completion of the next established period of aviation service. (3) For the needs of the service, the Secretary concerned may permit, on a case-by-case basis, a member to continue to receive continuous monthly incentive pay despite the members failure to perform the operational flying duty required during the first 10, 15, or 20 years of aviation service, but only if the member otherwise meets the definition in subsection (a) and has performed at least 5 years of operational flying duties during the first 10 years of aviation service, 8 years of operational flying duties during the first 15 years of aviation service, or 12 years of operational flying duty during the first 20 years of aviation service. The authority of the Secretary concerned under this paragraph may not be delegated below the level of the Service Personnel Chief. (4) If the eligibility of an eligible career enlisted flyer to continuous monthly incentive pay ceases under subsection (b)(2) or paragraph (2), the member may still receive month-to-month incentive pay for subsequent frequent and regular performance of operational flying duty. The rate payable is the same rate authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service. (d)  Monthly Maximum Rates The monthly rate of any career enlisted flyer incentive pay paid under this section to a member on active duty shall be prescribed by the Secretary concerned, but may not exceed the following:      4 or less $150 Over 4 $225 Over 8 $350 Over 14 $400. (e)  Eligibility of Reserve Component Members When Performing Inactive Duty Training Under regulations prescribed by the Secretary concerned, when a member of a reserve component or the National Guard, who is entitled to compensation under section 206 of this title 1 30 section 204 of this title section 206(a) of this title (f)  Relation to Hazardous Duty Incentive Pay or Diving Duty Special Pay A member receiving incentive pay under section 301(a) of this title section 304 of this title (g)  Save Pay Provision If, immediately before a member receives incentive pay under this section, the member was entitled to incentive pay under section 301(a) of this title section 301 of this title (h)  Specialty Code of Dropsonde System Operators Within the Air Force, the Secretary of the Air Force shall assign to members who are dropsonde system operators a specialty code that identifies such members as serving in a weather specialty. (i)  Definitions In this section: (1) The term aviation service means participation in aerial flight performed, under regulations prescribed by the Secretary concerned, by an eligible career enlisted flyer. (2) The term operational flying duty means flying performed under competent orders while serving in assignments, including an assignment as a dropsonde system operator, in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying duty performed by members in training that leads to the award of an enlisted aviation rating or military occupational specialty designated as a career enlisted flyer rating or specialty by the Secretary concerned. (Added Pub. L. 10665, div. A, title VI,  628(a)(1) Oct. 5, 1999 113 Stat. 657  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 10665, div. A, title VI,  628(b) Oct. 5, 1999 113 Stat. 659 The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999  321. Special pay: judge advocate continuation pay (a)  Eligible Judge Advocate Defined In this section, the term eligible judge advocate means an officer of the armed forces on full-time active duty who (1) is qualified and serving as a judge advocate, as defined in section 801 of title 10 (2) has completed (A) the active duty service obligation incurred through the officers original commissioning program; or (B) in the case of an officer detailed under section 2004 of title 10 1 1 (b)  Special Pay Authorized An eligible judge advocate who executes a written agreement to remain on active duty for a period of obligated service specified in the agreement may, upon the acceptance of the agreement by the Secretary concerned, be paid continuation pay under this section. The total amount paid to an officer under one or more agreements under this section may not exceed $60,000. (c)  Proration The term of an agreement under subsection (b) and the amount payable under the agreement may be prorated. (d)  Payment Methods Upon acceptance of an agreement under subsection (b) by the Secretary concerned, 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 to an officer under this section is in addition to any other pay and allowances to which the officer is entitled. (f)  Repayment An officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement but who does not complete the total period of active duty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title (g)  Regulations The Secretary concerned shall prescribe regulations to carry out this section. (Added Pub. L. 10665, div. A, title VI,  629(a)(1) Oct. 5, 1999 113 Stat. 659 Pub. L. 109163, div. A, title VI,  687(b)(29) Jan. 6, 2006 119 Stat. 3332  Editorial Notes  References in Text Section 470 of title 14 section 2770 of title 14 Pub. L. 115282, title I,  116(b)(2) Dec. 4, 2018 132 Stat. 4226 section 470 of title 14 section 123(b)(1) of Pub. L. 115282 Pub. L. 115282 section 101 of Title 14 Amendments 2006Subsec. (f). Pub. L. 109163 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 10665, div. A, title VI,  629(c) Oct. 5, 1999 113 Stat. 661 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 [ 322. Renumbered  354] [ 323. Renumbered  355]  324. Special pay: accession bonus for new officers in critical skills (a)  Accession Bonus Authorized Under regulations prescribed by the Secretary concerned, a person who executes a written agreement to accept a commission or an appointment as an officer of the armed forces and serve on active duty in a designated critical officer skill for the period specified in the agreement may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned. (b)  Designation of Critical Officer Skills The Secretary concerned shall designate the critical officer skills for the purposes of this section. A skill may be designated as a critical officer skill for an armed force under this subsection if (1) in order to meet requirements of the armed force, it is critical for the armed force to have a sufficient number of officers who are qualified in that skill; and (2) in order to mitigate a current or projected significant shortage of personnel in the armed force who are qualified in that skill, it is critical to access into that armed force in sufficient numbers persons who are qualified in that skill or are to be trained in that skill. (c)  Limitation on Amount of Bonus The amount of an accession bonus under subsection (a) may not exceed $60,000. (d)  Payment Method Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the accession bonus payable under the agreement becomes fixed. The agreement shall specify whether the accession bonus will be paid by the Secretary in a lump sum or installments. (e)  Relation to Other Accession Bonus Authority An individual may not receive an accession bonus under this section and section 302d, 302h, 302j, or 312b of this title for the same period of service. (f)  Repayment An individual who, having received all or part of the bonus under an agreement referred to in subsection (a), is not thereafter commissioned as an officer or does not commence or complete the total period of active duty service specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title (g)  Termination of Authority No agreement under this section may be entered into after December 31, 2018 (Added Pub. L. 107107, div. A, title VI,  621(a) Dec. 28, 2001 115 Stat. 1139 Pub. L. 107314, div. A, title VI,  614(e) Dec. 2, 2002 116 Stat. 2568 Pub. L. 108136, div. A, title VI Nov. 24, 2003 117 Stat. 1502 Pub. L. 108375, div. A, title VI,  614(f) Oct. 28, 2004 118 Stat. 1948 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3295 Pub. L. 109364, div. A, title VI,  614(f) Oct. 17, 2006 120 Stat. 2249 Pub. L. 110181, div. A, title VI,  614(e) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4485 Pub. L. 11184, div. A, title VI,  615(5) Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  615(5) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  615(5) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  615(5) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  615(5) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  615(6) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  615(6) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  615(6) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  615(6) Dec. 12, 2017 131 Stat. 1423  Editorial Notes Amendments 2017Subsec. (g). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (g). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (g). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (g). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (g). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (g). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (g). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (g). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (f). Pub. L. 109163,  687(b)(32) Subsec. (g). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  624(f) December 31, 2006 December 31, 2005 2004Subsec. (g). Pub. L. 108375 December 31, 2005 December 31, 2004 2003Subsecs. (a), (f)(1). Pub. L. 108136,  623 Subsec. (g). Pub. L. 108136,  614(e) December 31, 2004 December 31, 2003 2002Subsec. (b). Pub. L. 107314,  1062(c)(2) Subsec. (g). Pub. L. 107314,  614(e) December 31, 2003 December 31, 2002 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  325. Incentive bonus: savings plan for education expenses and other contingencies (a)  Benefit and Eligibility The Secretary concerned may purchase United States savings bonds under this section for a member of the armed forces who is eligible as follows: (1) A member who, before completing three years of service on active duty, enters into a commitment to perform qualifying service. (2) A member who, after completing three years of service on active duty, but not more than nine years of service on active duty, enters into a commitment to perform qualifying service. (3) A member who, after completing nine years of service on active duty, enters into a commitment to perform qualifying service. (b)  Qualifying Service For the purposes of this section, qualifying service is service on active duty in a specialty designated by the Secretary concerned as critical to meet requirements (whether or not such specialty is designated as critical to meet wartime or peacetime requirements) for a period that (1) is not less than six years; and (2) does not include any part of a period for which the member is obligated to serve on active duty under an enlistment or other agreement for which a benefit has previously been paid under this section. (c)  Forms of Commitment to Additional Service For the purposes of this section, a commitment means (1) in the case of an enlisted member, a reenlistment; and (2) in the case of a commissioned officer, an agreement entered into with the Secretary concerned. (d)  Amounts of Bonds The total of the face amounts of the United States savings bonds authorized to be purchased for a member under this section for a commitment shall be as follows: (1) In the case of a purchase for a member under paragraph (1) of subsection (a), $5,000. (2) In the case of a purchase for a member under paragraph (2) of subsection (a), the amount equal to the excess of $15,000 over the total of the face amounts of any United States savings bonds previously purchased for the member under this section. (3) In the case of a purchase for a member under paragraph (3) of subsection (a), the amount equal to the excess of $30,000 over the total of the face amounts of any United States savings bonds previously purchased for the member under this section. (e)  Total Amount of Benefit The total amount of the benefit authorized for a member when United States savings bonds are purchased for the member under this section by reason of a commitment by that member shall be the sum of (1) the purchase price of the United States savings bonds; and (2) the amounts that would be deducted and withheld for the payment of individual income taxes if the total amount computed under this subsection for that commitment were paid to the member as a bonus. (f)  Amount Withheld for Taxes The total amount payable for a member under subsection (e)(2) for a commitment by that member shall be withheld, credited, and otherwise treated in the same manner as amounts deducted and withheld from the basic pay of the member. (g)  Repayment If a person does not complete the qualifying service for which the person is obligated under a commitment for which a benefit has been paid under this section, the person shall be subject to the repayment provisions of section 303a(e) of this title (h)  Relationship to Other Special Pays The benefit authorized under this section is in addition to any other bonus or incentive or special pay that is paid or payable to a member under any other provision of this chapter for any portion of the same qualifying service. (i)  Regulations This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy. (Added Pub. L. 107107, div. A, title VI,  622(a)(1) Dec. 28, 2001 115 Stat. 1140 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 109163, div. A, title VI,  687(b)(33) Jan. 6, 2006 119 Stat. 3332  Editorial Notes Amendments 2006Subsec. (g). Pub. L. 109163 2002Subsec. (i). Pub. L. 107296 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date Pub. L. 107107, div. A, title VI,  622(b) Dec. 28, 2001 115 Stat. 1142  Section 325 of title 37 October 1, 2001 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage (a)  Incentive Bonus Authorized The Secretary concerned may pay a bonus under this section to an eligible member of a regular or reserve component of the armed forces who executes a written agreement to convert to, and serve for a period of not less than three years in, a military occupational specialty for which there is a shortage of trained and qualified personnel. (b)  Eligible Members A member is eligible to enter into an agreement under subsection (a) if, at the time the agreement is executed, the member is serving in (1) pay grade E6, with not more than 10 years of service computed under section 205 of this title (2) pay grade E5 or below, regardless of years of service. (c)  Amount and Payment of Bonus (1) A bonus under this section may not exceed $4,000. (2) A bonus payable under this section shall be disbursed in one lump sum when the members conversion to the military occupational specialty is approved by the chief personnel officer of the regular or reserve component of the members armed force. (d)  Relationship to Other Pay and Allowances A bonus paid to a member under this section is in addition to any other pay and allowances to which the member is entitled. (e)  Repayment A member who does not convert to and complete the period of service in the military occupational specialty specified in the agreement executed under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title (f)  Regulations The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense. (g)  Termination of Authority No agreement under this section may be entered into after December 31, 2018 (Added Pub. L. 108136, div. A, title VI,  625(a) Nov. 24, 2003 117 Stat. 1506 Pub. L. 108375, div. A, title VI,  622 Oct. 28, 2004 118 Stat. 1955 Pub. L. 109163, div. A, title VI,  687(b)(34) Jan. 6, 2006 119 Stat. 3333 Pub. L. 109364, div. A, title VI,  614(g) Oct. 17, 2006 120 Stat. 2249 Pub. L. 110181, div. A, title VI,  614(f) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4485 Pub. L. 11184, div. A, title VI,  615(6) Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  615(6) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  615(6) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  615(6) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  615(7) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  615(7) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  615(7) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  615(7) Dec. 12, 2017 131 Stat. 1423  Editorial Notes Amendments 2017Subsec. (g). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (g). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (g). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (g). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (c)(1). Pub. L. 112239,  617 Subsec. (g). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239,  615(6) December 31, 2013 December 31, 2012 2011Subsec. (g). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (g). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (g). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (e). Pub. L. 109163 Subsec. (g). Pub. L. 109364 December 31, 2007 December 31, 2006 2004Subsec. (a). Pub. L. 108375,  622(a)(1) Subsec. (b). Pub. L. 108375,  622(a)(2) Subsec. (c)(1). Pub. L. 108375,  622(b) Subsec. (c)(2). Pub. L. 108375,  622(a)(3) Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  327. Incentive bonus: transfer between armed forces (a)  Incentive Bonus Authorized A bonus under this section may be paid to an eligible member of a regular component or reserve component of an armed force who executes a written agreement (1) to transfer from such regular component or reserve component to a regular component or reserve component of another armed force; and (2) to serve pursuant to such agreement for a period of not less than three years in the component to which transferred. (b)  Eligible Members A member is eligible to enter into an agreement under subsection (a) if, as of the date of the agreement, the member (1) has not failed to satisfactorily complete any term of enlistment in the armed forces; (2) is eligible for reenlistment in the armed forces or, in the case of an officer, is eligible to continue in service in a regular or reserve component of the armed forces; and (3) has fulfilled such requirements for transfer to the component of the armed force to which the member will transfer as the Secretary having jurisdiction over such armed force shall establish. (c)  Limitation A member may enter into an agreement under subsection (a) to transfer to a regular component or reserve component of another armed force only if the Secretary having jurisdiction over such armed force determines that there is shortage of trained and qualified personnel in such component. (d)  Amount and Payment of Bonus (1) A bonus under this section may not exceed $10,000. (2) A bonus under this section shall be paid by the Secretary having jurisdiction of the armed force to which the member to be paid the bonus is transferring. (3) A bonus under this section shall, at the election of the Secretary paying the bonus (A) be disbursed to the member in one lump sum when the transfer for which the bonus is paid is approved by the chief personnel officer of the armed force to which the member is transferring; or (B) be paid to the member in annual installments in such amounts as may be determined by the Secretary paying the bonus. (e)  Relationship to Other Pay and Allowances A bonus paid to a member under this section is in addition to any other pay and allowances to which the member is entitled. (f)  Repayment A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall be subject to the repayment provisions of section 303a(e) of this title (g)  Regulations The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department under this subsection shall be subject to the approval of the Secretary of Defense. (h)  Termination of Authority No agreement under this section may be entered into after December 31, 2018 (Added and amended Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3304 Pub. L. 109364, div. A, title VI Oct. 17, 2006 120 Stat. 2249 Pub. L. 11184, div. A, title VI,  615(7) Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  615(7) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  615(7) Dec. 31, 2011 125 Stat. 1451 Pub. L. 112239, div. A, title VI,  615(7) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  615(7) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  615(8) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  615(8) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  615(8) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  615(8) Dec. 12, 2017 131 Stat. 1423  Editorial Notes Amendments 2017Subsec. (h). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (h). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (h). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (h). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (h). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (h). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (h). Pub. L. 11184 December 31, 2010 December 31, 2009 2006Subsec. (d)(1). Pub. L. 109364,  620(a) Subsec. (f). Pub. L. 109163,  687(b)(35) (1) A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid such member as the period which such member failed to serve bears to the total period for which the bonus was paid. (2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. (3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under paragraph (1). Subsec. (h). Pub. L. 109364,  614(h) Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Pub. L. 109364, div. A, title VI,  620(b) Oct. 17, 2006 120 Stat. 2252 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006 section 327 of title 37 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 [ 328. Repealed. Pub. L. 114328, div. A, title VI,  647(a) Dec. 23, 2016 130 Stat. 2168   Section, added Pub. L. 109163, div. A, title VI,  642(a) Jan. 6, 2006 119 Stat. 3305  329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments (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. 109364, div. A, title VI,  621(a) Oct. 17, 2006 120 Stat. 2253  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 109364, div. A, title VI,  621(e) Oct. 17, 2006 120 Stat. 2255 No agreement may be entered into under section 329 of title 37 October 1, 2006  330. Special pay: accession bonus for officer candidates (a)  Accession Bonus Authorized Under regulations prescribed by the Secretary concerned, a person who executes a written agreement described in subsection (c) may be paid an accession bonus under this section upon acceptance of the agreement by the Secretary concerned. (b)  Amount of Bonus The amount of an accession bonus under subsection (a) may not exceed $8,000. (c)  Agreement A written agreement referred to in subsection (a) is a written agreement by a person (1) to complete officer candidate school; (2) to accept a commission or appointment as an officer of the armed forces; and (3) to serve on active duty as a commissioned officer for a period specified in the agreement. (d)  Payment Method Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the accession bonus payable under the agreement becomes fixed. The agreement shall specify whether the accession bonus will be paid in a lump sum or installments. (e)  Repayment A person who, having received all or part of the bonus under a written agreement under subsection (a), does not complete the total period of active duty as a commissioned officer as specified in such 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. 109364, div. A, title VI,  622(a)(1) Oct. 17, 2006 120 Stat. 2255 Pub. L. 110181, div. A, title VI,  614(g) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4485 Pub. L. 11184, div. A, title VI,  615(8) Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  615(8) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  615(8) Dec. 31, 2011 125 Stat. 1451 Pub. L. 112239, div. A, title VI,  615(8) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  615(8) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  615(9) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  615(9) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  615(9) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  615(9) Dec. 12, 2017 131 Stat. 1423  Editorial Notes Amendments 2017Subsec. (f). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (f). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (f). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (f). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (f). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (f). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (f). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (f). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date Pub. L. 109364, div. A, title VI,  622(a)(3) Oct. 17, 2006 120 Stat. 2256 The amendments made by this subsection [enacting this section] shall take effect on October 1, 2006 SUBCHAPTER II CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES  331. General bonus authority for enlisted members (a)  Authority to Provide Bonus The Secretary concerned may pay a bonus under this section to a person, including a member of the armed forces, who (1) enlists in an armed force; (2) enlists in or affiliates with a reserve component of an armed force; (3) reenlists, voluntarily extends an enlistment, or otherwise agrees to serve (A) for a specified period in a designated career field, skill, or unit of an armed force; or (B) under other conditions of service in an armed force; (4) transfers from a regular component of an armed force to a reserve component of that same armed force or from a reserve component of an armed force to the regular component of that same armed force; or (5) transfers from a regular component or reserve component of an armed force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring. (b)  Service Eligibility A bonus authorized by subsection (a) may be paid to a person or member only if the person or member agrees under subsection (d) (1) to serve for a specified period in a designated career field, skill, unit, or grade; or (2) to meet some other condition or conditions of service imposed by the Secretary concerned. (c)  Maximum Amount and Method of Payment. (1)  Maximum amount The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that (A) a bonus paid under paragraph (1) or (2) of subsection (a) may not exceed $75,000 for a minimum two-year period of obligated service agreed to under subsection (d); (B) a bonus paid under paragraph (3) of subsection (a) may not exceed $50,000 for each year of obligated service in a regular component agreed to under subsection (d); (C) a bonus paid under paragraph (3) of subsection (a) may not exceed $15,000 for each year of obligated service in a reserve component agreed to under subsection (d); and (D) a bonus paid under paragraph (4) or (5) of subsection (a) may not exceed $10,000. (2)  Lump sum or installments A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. (3)  Fixing bonus amount Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed. (d)  Written Agreement To receive a bonus under this section, a person or member determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies (1) the amount of the bonus; (2) the method of payment of the bonus under subsection (c)(2); (3) the period of obligated service; and (4) the type or conditions of the service. (e)  Relationship to Other Pay and Allowances A bonus paid to a person or member under this section is in addition to any other pay and allowance to which the person or member is entitled. (f)  Relationship to Prohibition on Bounties A bonus authorized under this section is not a bounty for purposes of section 514(a) of title 10 (g)  Repayment A person or member who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title (h)  Termination of Authority No agreement may be entered into under this section after December 31, 2023 (Added Pub. L. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 163 Pub. L. 11184, div. A, title VI,  614(1) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  614(1) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  614(1) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  614(1) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  614(1) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  614(1) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  614(1) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI,  614(1) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  614(1) Dec. 12, 2017 131 Stat. 1422 Pub. L. 115232, div. A, title VI,  611(d)(1) Aug. 13, 2018 132 Stat. 1797 Pub. L. 11692, div. A, title VI,  611(d)(1) Dec. 20, 2019 133 Stat. 1426 Pub. L. 116283, div. A, title VI,  611(d)(1) Jan. 1, 2021 134 Stat. 3673 Pub. L. 11781, div. A, title VI,  611(d)(1) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI Dec. 23, 2022 136 Stat. 2619  Editorial Notes Amendments 2022Subsec. (c)(1)(A). Pub. L. 117263,  602(a)(1) Subsec. (c)(1)(B). Pub. L. 117263,  602(a)(2) Subsec. (h). Pub. L. 117263,  601(d)(1) December 31, 2023 December 31, 2022 2021Subsec. (h). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283 December 31, 2021 December 31, 2020 2019Subsec. (h). Pub. L. 11692 December 31, 2020 December 31, 2019 2018Subsec. (h). Pub. L. 115232 December 31, 2019 December 31, 2018 2017Subsec. (h). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (h). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (h). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (h). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (h). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (h). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (h). Pub. L. 11184 December 31, 2010 December 31, 2009  332. General bonus authority for officers (a)  Authority To Provide Bonus The Secretary concerned may pay a bonus under this section to a person, including an officer in the uniformed services, who (1) accepts a commission or appointment as an officer in a uniformed service; (2) affiliates with a reserve component of a uniformed service; (3) agrees to remain on active duty or to serve in an active status for a specific period as an officer in a uniformed service; (4) transfers from a regular component of a uniformed service to a reserve component of that same uniformed service or from a reserve component of a uniformed service to the regular component of that same uniformed service; or (5) transfers from a regular component or reserve component of a uniformed service to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring. (b)  Service Eligibility A bonus authorized by subsection (a) may be paid to a person or officer only if the person or officer agrees under subsection (d) (1) to serve for a specified period in a designated career field, skill, unit, or grade; or (2) to meet some other condition or conditions of service imposed by the Secretary concerned. (c)  Maximum Amount and Method of Payment. (1)  Maximum amount The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that (A) a bonus paid under paragraph (1) of subsection (a) may not exceed $60,000 for a minimum three-year period of obligated service agreed to under subsection (d); (B) a bonus paid under paragraph (2) of subsection (a) may not exceed $20,000 for a minimum three-year period of obligated service agreed to under subsection (d); (C) a bonus paid under paragraph (3) of subsection (a) may not exceed $50,000 for each year of obligated service in a regular component agreed to under subsection (d); (D) a bonus paid under paragraph (3) of subsection (a) may not exceed $12,000 for each year of obligated service in a reserve component agreed to under subsection (d); and (E) a bonus paid under paragraph (4) or (5) of subsection (a) may not exceed $10,000. (2)  Lump sum or installments A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. (3)  Fixing bonus amount Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed. (d)  Written Agreement To receive a bonus under this section, a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies (1) the amount of the bonus; (2) the method of payment of the bonus under subsection (c)(2); (3) the period of obligated service; and (4) the type or conditions of the service. (e)  Relationship to Other Pay and Allowances The bonus paid to a person or officer under this section is in addition to any other pay and allowance to which the person or officer is entitled. (f)  Repayment A person or officer who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title (g)  Termination of Authority No agreement may be entered into under this section after December 31, 2023 (Added Pub. L. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 164 Pub. L. 11184, div. A, title VI,  614(2) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  614(2) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  614(2) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  614(2) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  614(2) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  614(2) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI,  614(2) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  614(2) Dec. 12, 2017 131 Stat. 1422 Pub. L. 115232, div. A, title VI,  611(d)(2) Aug. 13, 2018 132 Stat. 1797 Pub. L. 11692, div. A, title VI,  611(d)(2) Dec. 20, 2019 133 Stat. 1426 Pub. L. 116283, div. A, title VI,  611(d)(2) Jan. 1, 2021 134 Stat. 3673 Pub. L. 11781, div. A, title VI,  611(d)(2) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI,  601(d)(2) Dec. 23, 2022 136 Stat. 2619  Editorial Notes Amendments 2022Subsec. (g). Pub. L. 117263 December 31, 2023 December 31, 2022 2021Subsec. (g). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283 December 31, 2021 December 31, 2020 2019Subsec. (g). Pub. L. 11692 December 31, 2020 December 31, 2019 2018Subsec. (g). Pub. L. 115232 December 31, 2019 December 31, 2018 2017Subsec. (g). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (c)(1)(B). Pub. L. 114328,  617 Subsec. (g). Pub. L. 114328,  614(2) December 31, 2017 December 31, 2016 2015Subsec. (g). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (g). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (g). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (g). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (g). Pub. L. 11184 December 31, 2010 December 31, 2009  333. Special bonus and incentive pay authorities for nuclear officers (a)  Nuclear Officer Bonus The Secretary of the Navy may pay a nuclear officer bonus under this section to a person, including an officer in the Navy, who (1) is selected for the officer naval nuclear power training program in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to serve, upon completion of such training, on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; or (2) has the current technical qualification for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to remain on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants. (b)  Nuclear Officer Incentive Pay The Secretary of the Navy may pay nuclear officer incentive pay under this section to an officer in the Navy who (1) is entitled to basic pay under section 204 of this title (2) remains on active duty for a specified period while maintaining current technical qualifications, as approved by the Secretary, for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants. (c)  Additional Eligibility Criteria The Secretary of the Navy may impose such additional criteria for the receipt of a nuclear officer bonus or nuclear officer incentive pay under this section as the Secretary determines to be appropriate. (d)  Maximum Amount and Method of Payment. (1)  Maximum amount The Secretary of the Navy shall determine the amounts of a nuclear officer bonus or nuclear officer incentive pay to be paid under this section, except that (A) a nuclear officer bonus paid under subsection (a) may not exceed $75,000 for each 12-month period of the agreement under subsection (e); and (B) the amount of nuclear officer incentive paid under subsection (b) may not exceed $25,000 for each 12-month period of qualifying service. (2)  Lump sum or installments A nuclear officer bonus or nuclear officer incentive pay under this section may be paid in a lump sum or in periodic installments. (3)  Fixing bonus amount Upon acceptance by the Secretary concerned of the written agreement required by subsection (e), the total amount of the nuclear officer bonus to be paid under the agreement shall be fixed. (e)  Written Agreement for Bonus. (1)  Agreement required To receive a nuclear officer bonus under subsection (a), a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary of the Navy that specifies (A) the amount of the bonus; (B) the method of payment of the bonus under subsection (d)(2); (C) the period of obligated service; and (D) the type or conditions of the service. (2)  Replacement agreement An officer who is performing obligated service under an agreement for a nuclear officer bonus may execute a new agreement to replace the existing agreement if the amount to be paid under the new agreement will be higher than the amount to be paid under the existing agreement. The period of the new agreement shall be equal to or exceed the remaining term of the period of the officers existing agreement. If a new agreement is executed under this paragraph, the existing agreement shall be cancelled, effective on the day before an anniversary date of the existing agreement occurring after the date on which the amount to be paid under this paragraph is increased. (f)  Relationship to Other Pay and Allowances A nuclear officer bonus or nuclear officer incentive pay paid to a person or officer under this section is in addition to any other pay and allowance to which the person or officer is entitled, except that a person or officer may not receive a payment under this section and section 332 or 353 of this title for the same skill and period of service. (g)  Repayment A person or officer who receives a nuclear officer bonus or nuclear officer incentive pay under this section and who fails to complete the officer naval nuclear power training program, maintain required technical and operational qualifications, complete the period of service, or meet the types or conditions of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (e) in the case of a nuclear officer bonus, shall be subject to the repayment provisions of section 373 of this title (h)  Regulations This section shall be administered under regulations prescribed by the Secretary of the Navy. (i)  Termination of Authority No agreement may be entered into under this section after December 31, 2023 (Added Pub. L. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 166 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4486 Pub. L. 11184, div. A, title VI,  614(3) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  614(3) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  614(3) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  614(3) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  614(3) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  614(3) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  614(3) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  614(3) Dec. 12, 2017 131 Stat. 1422 Pub. L. 115232, div. A, title VI,  611(c) Aug. 13, 2018 132 Stat. 1797 Pub. L. 11692, div. A, title VI,  611(c) Dec. 20, 2019 133 Stat. 1426 Pub. L. 116283, div. A, title VI,  611(c) Jan. 1, 2021 134 Stat. 3673 Pub. L. 11781, div. A, title VI,  611(c) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI Dec. 23, 2022 136 Stat. 2619  Editorial Notes Amendments 2022Subsec. (d)(1)(A). Pub. L. 117263,  602(b) Subsec. (i). Pub. L. 117263,  601(c) December 31, 2023 December 31, 2022 2021Subsec. (i). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283 December 31, 2021 December 31, 2020 2019Subsec. (i). Pub. L. 11692 December 31, 2020 December 31, 2019 2018Subsec. (i). Pub. L. 115232 December 31, 2019 December 31, 2018 2017Subsec. (i). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (i). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (d)(1)(A). Pub. L. 11492,  616 Subsec. (i). Pub. L. 11492,  614(3) December 31, 2016 December 31, 2015 2014Subsec. (i). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (i). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (i). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (i). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsecs. (a)(2), (b)(2). Pub. L. 110417  334. Special aviation incentive pay and bonus authorities for officers (a)  Aviation Incentive Pay. (1)  Incentive pay authorized The Secretary concerned may pay aviation incentive pay under this section to an officer in a regular or reserve component of a uniformed service who (A) is entitled to basic pay under section 204 of this title section 206 of this title (B) maintains, or is in training leading to, an aeronautical rating or designation that qualifies the officer to engage in operational flying duty or proficiency flying duty; (C) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty; (D) engages in or remains in aviation service for a specified period; and (E) meets such other criteria as the Secretary concerned determines appropriate. (2)  Officers not currently engaged in flying duty The Secretary concerned may pay aviation incentive pay under this section to an officer who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under section 374 of this title (b)  Aviation Bonus The Secretary concerned may pay an aviation bonus under this section to an officer in a regular or reserve component of a uniformed service who (1) is entitled to aviation incentive pay under subsection (a); (2) has completed any active duty service commitment incurred for undergraduate aviator training or is within one year of completing such commitment; (3) executes a written agreement to remain on active duty in a regular component or to serve in an active status in a reserve component in aviation service for at least one year; and (4) meets such other criteria as the Secretary concerned determines appropriate. (c)  Maximum Amount and Method of Payment. (1)  Maximum amount The Secretary concerned shall determine the amount of a bonus or incentive pay to be paid under this section, except that (A) aviation incentive pay under subsection (a) shall be paid at a monthly rate not to exceed $1,500 per month; and (B) an aviation bonus under subsection (b) may not exceed $50,000 for each 12-month period of obligated service agreed to under subsection (d). (2)  Annual business case for payment of aviation bonus amounts. (A)  In general The Secretary concerned shall determine the amount of the aviation bonus payable under paragraph (1)(B) under agreements entered into under subsection (d) during a fiscal year solely through a business case analysis of the amount required to be paid under such agreements in order to address anticipated manning shortfalls for such fiscal year by aircraft type category. (B)  Budget justification documents The budget justification documents in support of the budget of the President for a fiscal year (as submitted to Congress pursuant to section 1105 of title 31 (i) The amount requested for the payment of aviation bonuses under subsection (b) using amounts authorized to be appropriated for the fiscal year concerned by aircraft type category. (ii) The business case analysis supporting the amount so requested by aircraft type category. (iii) For each aircraft type category, whether or not the amount requested will permit the payment during the fiscal year concerned of the maximum amount of the aviation bonus authorized by paragraph (1)(B). (iv) If any amount requested is to address manning shortfalls, a description of any plans of the Secretary concerned to address such shortfalls by nonmonetary means. (3)  Lump sum or installments A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. (4)  Fixing bonus amount Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed. (d)  Written Agreement for Bonus To receive an aviation officer bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies (1) the amount of the bonus; (2) the method of payment of the bonus under subsection (c)(2); (3) the period of obligated service; and (4) the type or conditions of the service. (e)  Reserve Component Officers Performing Inactive Duty Training A reserve component officer who is entitled to compensation under section 206 of this title (f)  Relationship to Other Pay and Allowances. (1)  Aviation incentive pay Aviation incentive pay paid to an officer under subsection (a) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a payment under such subsection and section 351(a)(2) or 353(a) of this title for the same skill and period of service. (2)  Aviation bonus An aviation bonus paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a bonus payment under such subsection and section 332 or 353(b) of this title for the same skill and period of service. (g)  Repayment An officer who receives aviation incentive pay or an aviation bonus under this section and who fails to fulfill the eligibility requirements for the receipt of the incentive pay or bonus or complete the period of service for which the incentive pay or bonus is paid, as specified in the written agreement under subsection (d) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title (h)  Definitions In this section: (1) The term aviation service means service performed by an officer in a regular or reserve component while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation. (2) The term operational flying duty means flying performed under competent orders by rated or designated regular or reserve component officers while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation. (3) The term proficiency flying duty means flying performed under competent orders by rated or designated regular or reserve component officers while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties. (4) The term officer includes an individual enlisted and designated as an aviation cadet under section 8411 of title 10 (i)  Termination of Authority No agreement may be entered into under this section after December 31, 2023 (Added Pub. L. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 167 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4486 Pub. L. 11184, div. A, title VI,  614(4) Oct. 28, 2009 123 Stat. 2353 Pub. L. 111383, div. A, title VI,  614(4) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  614(4) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  614(4) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  614(4) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  614(4) Dec. 19, 2014 128 Stat. 3400 Pub. L. 11492, div. A, title VI Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  614(4) Dec. 12, 2017 131 Stat. 1422 Pub. L. 115232, div. A, title VI,  611(d)(3) Aug. 13, 2018 132 Stat. 1797 Pub. L. 11692, div. A, title VI,  611(d)(3) Dec. 20, 2019 133 Stat. 1426 Pub. L. 116283, div. A, title VI,  611(d)(3) Jan. 1, 2021 134 Stat. 3673 Pub. L. 11781, div. A, title VI,  611(d)(3) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI Dec. 23, 2022 136 Stat. 2619  Editorial Notes Amendments 2022Subsec. (c)(1)(A). Pub. L. 117263,  602(c)(1) Subsec. (c)(1)(B). Pub. L. 117263,  602(c)(2) Subsec. (i). Pub. L. 117263,  601(d)(3) December 31, 2023 December 31, 2022 2021Subsec. (i). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283 December 31, 2021 December 31, 2020 2019Subsec. (i). Pub. L. 11692 December 31, 2020 December 31, 2019 2018Subsec. (h)(4). Pub. L. 115232,  809(m)(3) section 8411 of title 10 section 6911 of title 10 Subsec. (i). Pub. L. 115232,  611(d)(3) December 31, 2019 December 31, 2018 2017Subsec. (i). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (c)(1)(A), (B). Pub. L. 114328,  616(a) (A) aviation incentive pay under subsection (a) shall be paid at a monthly rate, not to exceed (i) $1,000 per month for officers performing qualifying flying duty relating to remotely piloted aircraft (RPA); or (ii) $850 per month for officers performing other qualifying flying duty; and (B) an aviation bonus under subsection (b) may not exceed, for each 12-month period of obligated service agreed to under subsection (d) (i) $35,000 for officers performing qualifying flying duty relating to remotely piloted aircraft; or (ii) $25,000 for officers performing other qualifying flying duty. Subsec. (c)(2) to (4). Pub. L. 114328,  616(b) Subsec. (i). Pub. L. 114328,  614(4) December 31, 2017 December 31, 2016 2015Subsec. (a). Pub. L. 11492,  617(a) Subsec. (c)(1)(A). Pub. L. 11492,  617(c)(1) Subsec. (c)(1)(B). Pub. L. 11492,  617(c)(2) Subsec. (f)(1). Pub. L. 11492,  617(d)(1) Subsec. (f)(2). Pub. L. 11492,  617(d)(2) Subsec. (h)(1). Pub. L. 11492,  617(b) Subsec. (i). Pub. L. 11492,  614(4) December 31, 2016 December 31, 2015 2014Subsec. (i). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (i). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (i). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (i). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (f)(1). Pub. L. 110417 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by section 809(m)(3) of Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10  334a. Special aviation incentive pay and bonus authorities: enlisted members who operate remotely piloted aircraft (a)  Aviation Incentive Pay. (1)  Incentive pay authorized The Secretary concerned may pay aviation incentive pay under this section to an enlisted member in a regular or reserve component of a uniformed service who (A) is entitled to basic pay under section 204 of this title (B) is designated as a remotely piloted aircraft pilot, or is in training leading to such a designation; (C) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty; (D) engages in or remains in aviation service for a specified period; and (E) meets such other criteria as the Secretary concerned determines appropriate. (2)  Enlisted members not currently engaged in flying duty The Secretary concerned may pay aviation incentive pay under this section to an enlisted member who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under section 374 of this title (b)  Aviation Bonus The Secretary concerned may pay an aviation bonus under this section to an enlisted member in a regular or reserve component of a uniformed service who (1) is entitled to aviation incentive pay under subsection (a); (2) is within one year of completing the enlistment of the member; (3) reenlists or voluntarily extends the enlistment of the member (A) for a period of at least one year; or (B) in the case of an enlisted member serving pursuant to an indefinite reenlistment, executes a written agreement (i) to remain on active duty for a period of at least one year; or (ii) to remain in an active status in a reserve component for a period of at least one year; and (4) meets such other criteria as the Secretary concerned determines appropriate. (c)  Maximum Amount and Method of Payment. (1)  Maximum amount The Secretary concerned shall determine the amount of a bonus or incentive pay to be paid under this section, except that (A) aviation incentive pay under subsection (a) shall be paid at a monthly rate not to exceed $1,000 per month; and (B) an aviation bonus under subsection (b) may not exceed $35,000 for each 12-month period of obligated service agreed to under subsection (d). (2)  Lump sum or installments A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. (3)  Fixing bonus amount Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed. (d)  Written Agreement for Bonus To receive an aviation bonus under this section, an enlisted member determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies (1) the amount of the bonus; (2) the method of payment of the bonus under subsection (c)(2); (3) the period of obligated service; and (4) the type or conditions of the service. (e)  Reserve Component Enlisted Members Performing Inactive Duty Training An enlisted member of reserve component who is entitled to compensation under section 206 of this title section 206 of this title (f)  Relationship to Other Pay and Allowances. (1)  Aviation incentive pay Aviation incentive pay paid to an enlisted member under subsection (a) shall be in addition to any other pay and allowance to which the enlisted member is entitled, except that an enlisted member may not receive a payment under such subsection and section 351(a)(2) or 353(a) of this title for the same skill and period of service. (2)  Aviation bonus An aviation bonus paid to an enlisted member under subsection (b) shall be in addition to any other pay and allowance to which the enlisted member is entitled, except that an enlisted member may not receive a bonus payment under such subsection and section 331 or 353(b) of this title for the same skill and period of service. (g)  Repayment An enlisted member who receives aviation incentive pay or an aviation bonus under this section and who fails to fulfill the eligibility requirements for the receipt of the incentive pay or bonus or complete the period of service for which the incentive pay or bonus is paid, as specified in the written agreement under subsection (d) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title (h)  Definitions In this section: (1)  Aviation service The term aviation service means participation in aerial flight performed, under regulations prescribed by the Secretary concerned, by an eligible enlisted member who is a remotely piloted aircraft pilot. (2)  Operational flying duty The term operational flying duty means flying performed under competent orders by enlisted members of the regular or reserve components while serving in assignments in which basic flying skills are normally maintained in the performance of assigned duties as determined by the Secretary concerned, and flying duty performed by members in training that leads to designation as a remotely piloted aircraft pilot by the Secretary concerned. (3)  Proficiency flying duty The term proficiency flying duty means flying performed under competent orders by enlisted members of the regular or reserve components while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties. (i)  Termination of Authority No agreement may be entered into under this section after December 31, 2018 (Added Pub. L. 11591, div. A, title VI,  617(a) Dec. 12, 2017 131 Stat. 1424  335. Special bonus and incentive pay authorities for officers in health professions (a)  Health Professions Bonus The Secretary concerned may pay a health professions bonus under this section to a person, including an officer in the uniformed services, who is a graduate of an accredited school in a health profession and who (1) accepts a commission or appointment as an officer in a regular or reserve component of a uniformed service, or affiliates with a reserve component of a uniformed service, and agrees to serve on active duty in a regular component or in an active status in a reserve component in a health profession; (2) accepts a commission or appointment as an officer and whose health profession specialty is designated by the Secretary of Defense as a critically short wartime specialty; or (3) agrees to remain on active duty or continue serving in an active status in a reserve component in a health profession. (b)  Health Professions Incentive Pay The Secretary concerned may pay incentive pay under this section to an officer in a regular or reserve component of a uniformed service who (1) is entitled to basic pay under section 204 of this title section 206 of this title (2) is serving on active duty or in an active status in a designated health profession specialty or skill. (c)  Board Certification Incentive Pay The Secretary concerned may pay board certification incentive pay under this section to an officer in a regular or reserve component of a uniformed service who (1) is entitled to basic pay under section 204 of this title section 206 of this title (2) is board certified in a designated health profession specialty or skill; and (3) is serving on active duty or in an active status in such designated health profession specialty or skill. (d)  Additional Eligibility Criteria The Secretary concerned may impose such additional criteria for the receipt of a bonus or incentive pay under this section as the Secretary determines to be appropriate. (e)  Maximum Amount and Method of Payment. (1)  Maximum amount The Secretary concerned shall determine the amounts of a bonus or incentive pay to be paid under this section, except that (A) a health professions bonus paid under paragraph (1) of subsection (a) may not exceed $100,000 for each 12-month period of obligated service agreed to under subsection (f); (B) a health professions bonus paid under paragraph (2) of subsection (a) may not exceed $200,000 for each 12-month period of obligated service agreed to under subsection (f); (C) a health professions bonus paid under paragraph (3) of subsection (a) may not exceed $150,000 for each 12-month period of obligated service agreed to under subsection (f); (D) health professions incentive pay under subsection (b) may be paid monthly and may not exceed, in any 12-month period (i) $200,000 for medical officers and dental officers; and (ii) $50,000 for officers in other health professions; and (E) board certification incentive pay under subsection (c) may not exceed $15,000 for each 12-month period an officer remains certified in the designated health profession specialty or skill. (2)  Lump sum or installments A health professions bonus under subsection (a) may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. Board certification incentive pay under subsection (c) may be paid monthly, in a lump sum at the beginning of the certification period, or in periodic installments during the certification period, as determined by the Secretary concerned. (3)  Fixing bonus amount Upon acceptance by the Secretary concerned of the written agreement required by subsection (f), the total amount of the health professions bonus to be paid under the agreement shall be fixed. (f)  Written Agreement for Bonus To receive a bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies (1) the amount of the bonus; (2) the method of payment of the bonus under subsection (e)(2); (3) the period of obligated service; (4) whether the service will be performed on active duty or in an active status in a reserve component; and (5) the type or conditions of the service. (g)  Reserve Component Officers An officer in a reserve component authorized incentive pay under subsection (b) or (c) who is not serving on continuous active duty and is entitled to compensation under section 204 of this title section 206 of this title (h)  Relationship to Other Pay and Allowances. (1)  Health professions bonus A bonus paid to a person or officer under subsection (a) shall be in addition to any other pay and allowance to which the person or officer is entitled, except that a person or officer may not receive a payment under such subsection and section 332 of this title (2)  Health professions incentive pay Incentive pay paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353 of this title (3)  Board certification incentive pay Incentive pay paid to an officer under subsection (c) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353(b) of this title (i)  Repayment An officer who receives a bonus or incentive pay under this section and who fails to fulfill the eligibility requirements for the receipt of the bonus or incentive pay or complete the period of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (f) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title (j)  Health Profession Defined In this section, the term health profession means the following: (1) Any health profession performed by officers in the Medical Corps of a uniformed service or by officers designated as a medical officer. (2) Any health profession performed by officers in the Dental Corps of a uniformed service or by officers designated as a dental officer. (3) Any health profession performed by officers in the Medical Service Corps of a uniformed service or by officers designated as a medical service officer or biomedical sciences officer. (4) Any health profession performed by officers in the Medical Specialist Corps of a uniformed service or by officers designated as a medical specialist. (5) Any health profession performed by officers of the Nurse Corps of a uniformed service or by officers designated as a nurse. (6) Any health profession performed by officers in the Veterinary Corps of a uniformed service or by officers designated as a veterinary officer. (7) Any health profession performed by officers designated as a physician assistant. (8) Any health profession performed by officers in the regular or reserve corps 1 1 (k)  Termination of Authority No agreement may be entered into under this section after December 31, 2023 (Added Pub. L. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 169 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4486 Pub. L. 11184, div. A, title VI,  614(5) Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  614(5) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  614(5) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  614(5) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  614(5) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  614(5) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  614(5) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  614(5) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  614(5) Dec. 12, 2017 131 Stat. 1422 Pub. L. 115232, div. A, title VI,  611(d)(4) Aug. 13, 2018 132 Stat. 1797 Pub. L. 11692, div. A, title VI,  611(d)(4) Dec. 20, 2019 133 Stat. 1426 Pub. L. 116283, div. A, title VI Jan. 1, 2021 134 Stat. 3673 Pub. L. 11781, div. A, title VI,  611(d)(4) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI,  601(d)(4) Dec. 23, 2022 136 Stat. 2619  Editorial Notes Amendments 2022Subsec. (k). Pub. L. 117263 December 31, 2023 December 31, 2022 2021Subsec. (e)(1)(A). Pub. L. 116283,  612(a) Subsec. (e)(1)(B). Pub. L. 116283,  612(b) Subsec. (e)(1)(C). Pub. L. 116283,  612(c) Subsec. (e)(1)(D)(i). Pub. L. 116283,  612(d)(1) Subsec. (e)(1)(D)(ii). Pub. L. 116283,  612(d)(2) Subsec. (e)(1)(E). Pub. L. 116283,  612(e) Subsec. (k). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283,  611(d)(4) December 31, 2021 December 31, 2020 2019Subsec. (k). Pub. L. 11692 December 31, 2020 December 31, 2019 2018Subsec. (k). Pub. L. 115232 December 31, 2019 December 31, 2018 2017Subsec. (k). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (k). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (k). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (k). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (k). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (k). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (k). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (e)(1)(D)(i). Pub. L. 110417 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 Effective Date of 2021 Amendment Pub. L. 116283, div. A, title VI,  612(f) Jan. 1, 2021 134 Stat. 3674 The amendments made by this section [amending this section] shall apply with respect to special bonus and incentive pays payable under section 335 of title 37 Jan. 1, 2021 Targeted Bonus Authority To Increase Direct Accessions Pub. L. 110417 Oct. 14, 2008 122 Stat. 4489  (1)  Designation of critically short wartime health specialties For purposes of section 335 of title 37 Public Law 110181 122 Stat. 169 (A) Psychologists who have been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology and are fully licensed and such other mental health practitioners as the Secretary concerned determines to be necessary. (B) Registered nurses. (2)  Special agreement authority Under the authority provided by this section [enacting this note and section 302c1 of this title section 335 of title 37 (3)  Secretary concerned defined In this subsection, the term Secretary concerned has the meaning given that term in section 101(5) of title 37 (4)  Effective period The designations made by this subsection and the authority to enter into an agreement under paragraph (2) of this subsection expire on September 30, 2010  336. Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers Training Corps (a)  Contracting Bonus Authorized The Secretary concerned may pay a bonus under this section to a cadet or midshipman enrolled in the Senior Reserve Officers Training Corps who executes a written agreement described in subsection (c). (b)  Amount of Bonus The amount of a bonus under subsection (a) may not exceed $5,000. (c)  Agreement A written agreement referred to in subsection (a) is a written agreement by the cadet or midshipman (1) to complete field training or a practice cruise under section 2104(b)(6)(A)(ii) of title 10 (2) to complete advanced training under chapter 103 of title 10; (3) to accept a commission or appointment as an officer of the armed forces; and (4) to serve on active duty. (d)  Payment Method Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify when the bonus will be paid and whether the bonus will be paid in a lump sum or in installments. (e)  Repayment A person who, having received all or part of a bonus under subsection (a), fails to fulfill the terms of the written agreement required by such subsection for receipt of the bonus shall be subject to the repayment provisions of section 373 of this title (f)  Regulations The Secretary concerned shall issue such regulations as may be necessary to carry out this section. (g)  Termination of Authority No agreement under this section may be entered into after December 31, 2023 (Added Pub. L. 11366, div. A, title VI,  617(a) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  614(6) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  614(6) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  614(6) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  614(6) Dec. 12, 2017 131 Stat. 1422 Pub. L. 115232, div. A, title VI,  611(d)(5) Aug. 13, 2018 132 Stat. 1797 Pub. L. 11692, div. A, title VI,  611(d)(5) Dec. 20, 2019 133 Stat. 1426 Pub. L. 116283, div. A, title VI,  611(d)(5) Jan. 1, 2021 134 Stat. 3673 Pub. L. 11781, div. A, title VI,  611(d)(5) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI,  601(d)(5) Dec. 23, 2022 136 Stat. 2620  Editorial Notes Amendments 2022Subsec. (g). Pub. L. 117263 December 31, 2023 December 31, 2022 2021Subsec. (g). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283 December 31, 2021 December 31, 2020 2019Subsec. (g). Pub. L. 11692 December 31, 2020 December 31, 2019 2018Subsec. (g). Pub. L. 115232 December 31, 2019 December 31, 2018 2017Subsec. (g). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (g). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (g). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (g). Pub. L. 113291 December 31, 2015 December 31, 2014  351. Hazardous duty pay (a)  Hazardous Duty Pay The Secretary concerned may pay hazardous duty pay under this section to a member of a regular or reserve component of the uniformed services entitled to basic pay under section 204 of this title section 206 of this title (1) performs duty in a hostile fire area designated by the Secretary concerned, is exposed to a hostile fire event, explosion of a hostile explosive device, or any other hostile action, or is on duty during a month in an area in which a hostile event occurred which placed the member in grave danger of physical injury; (2) performs duty designated by the Secretary concerned as hazardous duty based upon the inherent dangers of that duty and risks of physical injury; or (3) performs duty in a foreign area designated by the Secretary concerned as an area in which the member is subject to imminent danger of physical injury due to threat conditions. (b)  Maximum Amount The amount of hazardous duty pay paid to a member under subsection (a) shall be based on the type of duty and the area in which the duty is performed, as follows: (1) In the case of a member who performs duty in a designated hostile fire area, as described in subsection (a)(1), hazardous duty pay may not exceed $450 per month. (2) In the case of a member who performs a designated hazardous duty, as described in subsection (a)(2), hazardous duty pay may not exceed $275 per month. (3) In the case of a member who performs duty in a foreign area designated as an imminent danger area, as described in subsection (a)(3), hazardous duty pay may not exceed $275 per month. (c)  Method of Payment; Proration. (1)  Monthly payment Subject to paragraph (2), hazardous duty pay shall be paid on a monthly basis. (2)  Proration If a member does not satisfy the eligibility requirements specified in paragraph (1), (2), or (3) of subsection (a) for an entire month for receipt of hazardous duty pay (A) in the case of hazardous duty pay payable under paragraph (1) of subsection (a), the Secretary concerned (i) may prorate the payment amount to reflect the duration of the members actual qualifying service during the month; or (ii) in the case of a member who is exposed to hostile fire or an explosion of a hostile explosive device in or for a day or portion of a day, may, at the election of the Secretary, pay the member hazardous duty pay in an amount not to exceed the entire amount of hazardous duty pay that would be payable to the member under such paragraph (1) for the month in which the duty concerned occurs (with the total amount of hazardous duty pay paid the member under this clause in any given month not to exceed such entire amount); and (B) in the case of hazardous duty pay payable under paragraph (2) of subsection (a), the Secretary concerned (i) may prorate the payment amount to reflect the duration of the members actual qualifying service during the month; and (ii) in the case of member 1 1 (C) In the case of hazardous duty pay payable under paragraph (3) of subsection (a), the Secretary concerned may prorate the payment amount to reflect the duration of the members actual qualifying service during the month. (d)  Administration and Retroactive Payments The effective date for the designation of a hostile fire area, as described in paragraph (1) of subsection (a), and for the designation of a foreign area as an imminent danger area, as described in paragraph (3) of such subsection, may be a date that occurs before, on, or after the actual date of the designation by the Secretary concerned. (e)  Determination of Fact Any determination of fact that is made in connection with determining whether a triggering event has occurred for the provision of hazardous duty pay under subsection (a)(1) is conclusive. The determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the Secretary concerned may change the determination on the basis of new evidence or for other good cause. (f)  Relationship to Other Pay and Allowances. (1)  In addition to other pay and allowances A member may be paid hazardous duty pay under this section in addition to any other pay and allowances to which the member is entitled. The regulations prescribed to administer this section shall address dual compensation under this section for multiple circumstances involving performance of a designated hazardous duty, as described in paragraph (2) of subsection (a), or for duty in certain designated areas, as described in paragraph (1) or (3) of such subsection, that is performed by a member during a single month of service. (2)  Limitation A member may not receive hazardous duty pay under this section for a month for more than three qualifying instances described in subsection (a)(2). (g)  Prohibition on Variable Rates The regulations prescribed to administer this section may not include varied criteria or rates for payment of hazardous duty for officers and enlisted members. (h)  Termination of Authority No hazardous duty pay under this section may be paid after December 31, 2023 (Added Pub. L. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 172 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4486 Pub. L. 11184, div. A, title VI Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  614(6) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  614(6) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  614(6) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  614(7) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  614(7) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  614(7) Dec. 23, 2016 130 Stat. 2158 Pub. L. 11591, div. A, title VI,  614(7) Dec. 12, 2017 131 Stat. 1422 Pub. L. 115232, div. A, title VI,  611(d)(6) Aug. 13, 2018 132 Stat. 1797 Pub. L. 11692, div. A, title VI,  611(d)(6) Dec. 20, 2019 133 Stat. 1426 Pub. L. 116283, div. A, title VI Jan. 1, 2021 134 Stat. 3673 Pub. L. 11781, div. A, title VI,  611(d)(6) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI,  601(d)(6) Dec. 23, 2022 136 Stat. 2620  Editorial Notes Amendments 2022Subsec. (h). Pub. L. 117263 December 31, 2023 December 31, 2022 2021Subsec. (b)(2), (3). Pub. L. 116283,  613 Subsec. (c)(2)(A)(i). Pub. L. 116283,  614(1)(A) Subsec. (c)(2)(B). Pub. L. 116283,  614(1)(B) Subsec. (c)(2)(C). Pub. L. 116283,  614(1)(C) Subsec. (h). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283 December 31, 2021 December 31, 2020 2019Subsec. (h). Pub. L. 11692 December 31, 2020 December 31, 2019 2018Subsec. (h). Pub. L. 115232 December 31, 2019 December 31, 2018 2017Subsec. (h). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (h). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (h). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (h). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (h). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (c)(2). Pub. L. 11281,  616(b) Subsec. (h). Pub. L. 11281,  614(6) December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsecs. (c) to (h). Pub. L. 11184,  618(b) Subsec. (i). Pub. L. 11184,  618(b)(1) Pub. L. 11184,  614(6) December 31, 2010 December 31, 2009 2008Subsec. (c). Pub. L. 110417,  618(d) Subsec. (f). Pub. L. 110417,  618(e)  352. Assignment pay or special duty pay (a)  Assignment or Special Duty Pay Authorized The Secretary concerned may pay assignment or special duty pay under this section to a member of a regular or reserve component of the uniformed services who (1) is entitled to basic pay under section 204 of this title section 206 of this title (2) performs duties in an assignment, location (including a cold weather location), or unit designated by, and under the conditions of service specified by, the Secretary concerned. (b)  Maximum Amount and Method of Payment. (1)  Lump sum or installments Assignment or special duty pay under subsection (a) may be paid monthly, in a lump sum, or in periodic installments other than monthly, as determined by the Secretary concerned. If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the members actual qualifying service during the month. (2)  Maximum monthly amount The maximum monthly amount of assignment or special duty pay may not exceed $5,000. (3)  Maximum lump sum amount The amount of a lump sum payment of assignment or special duty pay payable to a member may not exceed the amount equal to the product of (A) the maximum monthly rate authorized under paragraph (2) at the time the member enters into a written agreement under subsection (c); and (B) the number of continuous months in the period for which assignment or special duty pay will be paid pursuant to the agreement. (4)  Maximum installment amount The amount of each installment payment of assignment or special duty pay payable to a member on an installment basis may not exceed the amount equal to (A) the product of (i) a monthly rate specified in the written agreement entered into under subsection (c), which monthly rate may not exceed the maximum monthly rate authorized under paragraph (2) at the time the member enters into the agreement; and (ii) the number of continuous months in the period for which the assignment or special duty pay will be paid; divided by (B) the number of installments over such period. (5)  Effect of extension If a member extends an assignment or performance of duty specified in an agreement with the Secretary concerned under subsection (c), assignment or special duty pay for the period of the extension may be paid on a monthly basis, in a lump sum, or in installments, consistent with this subsection. (c)  Written Agreement. (1)  Discretionary for monthly payments The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of assignment or special duty pay on a monthly basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the monthly rate of the assignment or special duty pay. (2)  Required for lump sum or installment payments The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of assignment or special duty pay on a lump sum or installment basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the amount of the lump sum or each periodic installment. (d)  Reserve Component Members Performing Inactive Duty Training A member of a reserve component entitled to compensation under section 206 of this title section 206 of this title (e)  Relationship to Other Pay and Allowances Assignment or special duty pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled. (f)  Repayment A member who receives assignment or special duty pay under this section and who fails to fulfill the eligibility requirements under subsection (a) for receipt of such pay shall be subject to the repayment provisions of section 373 of this title (g)  Termination of Authority No agreement may be entered into under this section after December 31, 2023 (Added Pub. L. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 173 Pub. L. 11184, div. A, title VI Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  614(7) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  614(7) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  614(7) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  614(7) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  614(8) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  614(8) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  614(8) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  614(8) Dec. 12, 2017 131 Stat. 1422 Pub. L. 115232, div. A, title VI,  611(d)(7) Aug. 13, 2018 132 Stat. 1797 Pub. L. 11692, div. A, title VI,  611(d)(7) Dec. 20, 2019 133 Stat. 1426 Pub. L. 116283, div. A, title VI,  611(d)(7) Jan. 1, 2021 134 Stat. 3673 Pub. L. 11781, div. A, title VI,  611(d)(7) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI Dec. 23, 2022 136 Stat. 2620  Editorial Notes Amendments 2022Subsec. (a)(2). Pub. L. 117263,  603(a) Subsec. (g). Pub. L. 117263,  601(d)(7) December 31, 2023 December 31, 2022 2021Subsec. (g). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283 December 31, 2021 December 31, 2020 2019Subsec. (g). Pub. L. 11692 December 31, 2020 December 31, 2019 2018Subsec. (g). Pub. L. 115232 December 31, 2019 December 31, 2018 2017Subsec. (g). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (g). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (g). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (g). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (g). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (g). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (b)(1). Pub. L. 11184,  618(c) Subsec. (g). Pub. L. 11184,  614(7) December 31, 2010 December 31, 2009 Statutory Notes and Related Subsidiaries Career Incentive Pay for Marine Inspectors Pub. L. 117263, div. K, title CXII,  11237 Dec. 23, 2022 136 Stat. 4036  (a)  Authority To Provide Assignment Pay or Special Duty Pay The Secretary [of the department in which the Coast Guard is operating] may provide assignment pay or special duty pay under section 352 of title 37 section 312 of title 14 (b)  Annual Briefing. (1)  In general Not later than 180 days after the date of enactment of this Act [ Dec. 23, 2022 (2)  Elements Each briefing required under paragraph (1) shall include the following: (A) The number of members of the Coast Guard serving as marine inspectors or marine investigators pursuant to section 312 of title 14 section 352 of title 37 (B) An assessment of the impact of the use of the authority under this section on the effectiveness and efficiency of the Coast Guard in administering the laws and regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States. (C) An assessment of the effects of assignment pay and special duty pay on retention of marine inspectors and investigators. (D) If the authority provided in subsection (a) is not exercised, a detailed justification for not exercising such authority, including an explanation of the efforts the Secretary is taking to ensure that the Coast Guard workforce contains an adequate number of qualified marine inspectors. (c)  Study. (1)  In general Not later than 2 years after the date of enactment of this Act, the Secretary, in coordination with the Director of the National Institute for Occupational Safety and Health, shall conduct a study on the health of marine inspectors and marine investigators who have served as such inspectors or investigators for a period of not less than 10 years. (2)  Elements The study required under paragraph (1) shall include the following: (A) An evaluation of (i) the daily vessel inspection duties of marine inspectors and marine investigators, including the examination of internal cargo tanks and voids and new construction activities; (ii) major incidents to which marine inspectors and marine investigators have had to respond, and any other significant incident, such as a vessel casualty, that has resulted in the exposure of marine inspectors and marine investigators to hazardous chemicals or substances; and (iii) the types of hazardous chemicals or substances to which marine inspectors and marine investigators have been exposed relative to the effects such chemicals or substances have had on marine inspectors and marine investigators. (B) A review and analysis of the current Coast Guard health and safety monitoring systems, and recommendations for improving such systems, specifically with respect to the exposure of members of the Coast Guard to hazardous substances while carrying out inspections and investigation duties. (C) Any other element the Secretary considers appropriate. (3)  Report Upon completion of the study required under paragraph (1), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study and recommendations for actions the Commandant [of the Coast Guard] should take to improve the health and exposure of marine inspectors and marine investigators. (d)  Termination The authority provided by subsection (a) shall terminate on December 31, 2028 Additional Assignment Pay or Special Duty Pay Authorized for Members Agreeing To Serve in Afghanistan for Extended Periods Pub. L. 11184, div. A, title VI,  619 Oct. 28, 2009 123 Stat. 2357  (a)  Authority to Provide Additional Assignment Pay or Special Duty Pay The Secretary of Defense may provide assignment pay or special duty pay under section 352 of title 37 (b)  Reporting Requirements The Secretary shall submit to Congress an annual report on the use of the authority provided under subsection (a) during the preceding year, including (1) the number of members of the Armed Forces receiving assignment pay or special duty pay under section 352 of title 37 (2) an assessment of the impact of the use of such authority on the effectiveness and efficiency in achieving the United States mission in Afghanistan. (c)  Duration of Authority The authority provided by subsection (a) to offer additional assignment pay or special duty pay under section 352 of title 37 December 31, 2012  353. Skill incentive pay or proficiency bonus (a)  Skill Incentive Pay The Secretary concerned may pay a monthly skill incentive pay to a member of a regular or reserve component of the uniformed services who (1) is entitled to basic pay under section 204 of this title section 206 of this title (2) serves in a career field or skill designated as critical by the Secretary concerned. (b)  Skill Proficiency Bonus. (1)  Availability; eligible persons The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who (A) is entitled to basic pay under section 204 of this title section 206 of this title (B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned. (2)  Inclusion of certain senior rotc members A proficiency bonus may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers Training Corps program even though the student is in the first year of the four-year course under the program. During the period covered by the proficiency bonus, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title section 2103a of title 10 1 1 section 209(c) of this title (c)  Maximum Amounts and Methods of Payment. (1)  Skill incentive pay (A) Skill incentive pay under subsection (a) may not exceed $1,750 a month. (B) If a member does not satisfy the eligibility requirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of skill incentive pay, the Secretary concerned may prorate the payment amount to reflect the duration of the members actual qualifying service during the month. A member of a reserve component entitled to compensation under section 206 of this title section 206 of this title (2)  Proficiency bonus A proficiency bonus under subsection (b) may be paid in a lump sum at the beginning of the proficiency certification period or in periodic installments during the proficiency certification period. The amount of the bonus may not exceed $12,000 for each 12-month period of certification. The Secretary concerned may not vary the criteria or rates for the proficiency bonus paid for officers and enlisted members. (d)  Certified Proficiency for Proficiency Bonus. (1)  Certification required Proficiency in a designated critical skill for purposes of subsection (b) shall be subject to annual certification by the Secretary concerned. (2)  Duration of certification A certification period for purposes of subsection (c)(2) shall expire at the end of the one-year period beginning on the first day of the first month beginning on or after the certification date. (3)  Waiver Notwithstanding paragraphs (1) and (2), the regulations prescribed to administer this section shall address the circumstances under which the Secretary concerned may waive the certification requirement under paragraph (1) or extend a certification period under paragraph (2). (e)  Written Agreement. (1)  Discretionary for skill incentive pay The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of skill incentive pay under subsection (a). The written agreement shall specify the period for which the skill incentive pay will be paid to the member and the monthly rate of the pay. (2)  Required for proficiency bonus The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of a proficiency bonus under subsection (b). The written agreement shall specify the amount of the proficiency bonus, the period for which the bonus will be paid, and the initial certification or recertification necessary for payment of the proficiency bonus. (f)  Foreign Language Studies in Officer Training Programs. (1)  Availability of incentive pay The Secretary concerned may pay incentive pay to a person enrolled in an officer training program to also participate in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned. (2)  Inclusion of certain senior rotc members Incentive pay may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers Training Corps program even though the student is in the first year of the four-year course under the program. While the student receives the incentive pay, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title section 2103a of title 10 section 209(c) of this title (3)  Critical foreign language defined In this section, the term critical foreign language includes Arabic, Korean, Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, Russian, Portuguese, or other language designated as critical by the Secretary concerned. (g)  Repayment A member who receives skill incentive pay or a proficiency bonus under this section and who fails to fulfill the eligibility requirement for receipt of the pay or bonus shall be subject to the repayment provisions of section 373 of this title (h)  Relationship to Other Pays and Allowances A member may not be paid more than one pay under this section in any month for the same period of service and skill. A member may be paid skill incentive pay or the proficiency bonus under this section in addition to any other pay and allowances to which the member is entitled, except that a member may not be paid skill incentive pay or a proficiency bonus under this section and hazardous duty pay under section 351 of this title (i)  Termination of Authority No agreement may be entered into under this section after December 31, 2023 (Added Pub. L. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 175 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4487 Pub. L. 11184, div. A, title VI Oct. 28, 2009 123 Stat. 2354 Pub. L. 111383, div. A, title VI,  614(8) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  614(8) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  614(8) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  614(8) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  614(9) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  614(9) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  614(9) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  614(9) Dec. 12, 2017 131 Stat. 1422 Pub. L. 115232, div. A, title VI,  611(d)(8) Aug. 13, 2018 132 Stat. 1797 Pub. L. 11692, div. A, title VI,  611(d)(8) Dec. 20, 2019 133 Stat. 1426 Pub. L. 116283, div. A, title VI,  611(d)(8) Jan. 1, 2021 134 Stat. 3673 Pub. L. 11781, div. A, title VI,  611(d)(8) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI Dec. 23, 2022 136 Stat. 2620  Editorial Notes  References in Text Subsection (g)(2), referred to in subsec. (b)(2), was redesignated subsec. (f)(2) by Pub. L. 11184, div. A, title VI,  618(d)(1) Oct. 28, 2009 123 Stat. 2356 Amendments 2022Subsec. (c)(1)(A). Pub. L. 117263,  602(d) Subsec. (i). Pub. L. 117263,  601(d)(8) December 31, 2023 December 31, 2022 2021Subsec. (i). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283 December 31, 2021 December 31, 2020 2019Subsec. (i). Pub. L. 11692 December 31, 2020 December 31, 2019 2018Subsec. (i). Pub. L. 115232 December 31, 2019 December 31, 2018 2017Subsec. (i). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (i). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (i). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (i). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (i). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (i). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2009Subsec. (c)(1). Pub. L. 11184,  618(d)(2) Subsecs. (f) to (i). Pub. L. 11184,  618(d)(1) Subsec. (j). Pub. L. 11184,  618(d)(1) Pub. L. 11184,  614(8) December 31, 2010 December 31, 2009 2008Subsec. (b). Pub. L. 110417,  619(a)(1) (1) is entitled to basic pay under section 204 of this title section 206 of this title (2) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned. Subsecs. (g) to (j). Pub. L. 110417,  619(a)(2) Statutory Notes and Related Subsidiaries Pilot Program for Foreign Language Proficiency Training for Reserve Members Pub. L. 110417 Oct. 14, 2008 122 Stat. 4489  (1)  Pilot program required The Secretary of Defense shall conduct a pilot program to provide a skill proficiency bonus under section 353(b) of title 37 (2)  Duration of pilot program The Secretary shall conduct the pilot program during the period beginning on October 1, 2008 December 31, 2013 December 31, 2013 (3)  Reporting requirement Not later than March 31, 2012 Expedited Implementation Pub. L. 110417 Oct. 14, 2008 122 Stat. 4489 Pub. L. 111383, div. A, title X,  1075(e)(10) Jan. 7, 2011 124 Stat. 4375 Notwithstanding section 662 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110181 122 Stat. 180 37 U.S.C. 301 section 353 of title 37  354. Special pay: 15-year career status bonus for members entering service on or after August 1, 1986 (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 (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 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. 10665, div. A, title VI,  642(a) Oct. 5, 1999 113 Stat. 662 Pub. L. 107107, div. A, title VI,  620(a) Dec. 28, 2001 115 Stat. 1138 Pub. L. 109163, div. A, title VI,  687(b)(30) Jan. 6, 2006 119 Stat. 3332 Pub. L. 110181, div. A, title VI,  661(b)(1) Jan. 28, 2008 122 Stat. 178 Pub. L. 11492, div. A, title VI,  631(c)(2) Nov. 25, 2015 129 Stat. 844  Editorial Notes Amendments 2015Subsec. (f). Pub. L. 11492,  631(c)(2)(A) Subsec. (g). Pub. L. 11492,  631(c)(2)(B) 2008 Pub. L. 110181,  661(b)(1) section 322 of this title Subsec. (f). Pub. L. 110181,  661(b)(2) 2006Subsec. (f). Pub. L. 109163 2001Subsec. (d)(1). Pub. L. 107107,  620(a)(1) Subsec. (d)(2) to (4). Pub. L. 107107,  620(a)(2) Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment; Implementation Amendment by Pub. L. 11492 Jan. 1, 2018 section 635 of Pub. L. 11492 section 8432 of Title 5 Effective Date Section effective Oct. 1, 1999 section 644 of Pub. L. 10665 section 1401a of Title 10 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10 Application to Existing Agreements Pub. L. 107107, div. A, title VI,  620(b) Dec. 28, 2001 115 Stat. 1139 The Secretary concerned (as defined in section 101(5) of title 37 Dec. 28, 2001  355. Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units (a)  Retention Bonus Authorized An officer or enlisted member of the armed forces who is serving on active duty in a regular component or in an active status in a reserve component and who is qualified in a critical military skill designated under subsection (b) or accepts an assignment to a high priority unit designated under such subsection may be paid a retention bonus as provided in this section if (1) in the case of an officer, the member executes a written agreement to remain on active duty for at least one year or to remain in an active status in a reserve component for at least one year; (2) in the case of an enlisted member, other than an enlisted member referred to in paragraph (3), the member reenlists or voluntarily extends the members enlistment for a period of at least one year; or (3) in the case of an enlisted member serving pursuant to an indefinite reenlistment, the member executes a written agreement to remain on active duty for a period of at least one year or to remain in an active status in a reserve component for a period of at least one year. (b)  Eligibility Criteria (1) A designated critical military skill referred to in subsection (a) is a military skill designated as critical by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. (2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may designate a unit as a high priority unit regarding which a retention bonus will be provided to a member of the armed forces who agrees to accept an assignment to the unit under subsection (a). (c)  Payment Methods A bonus under this section may be paid in a single lump sum or in periodic installments. (d)  Maximum Bonus Amount (1) A member may enter into an agreement under this section, or reenlist or voluntarily extend the members enlistment, more than once to receive a bonus under this section. However, a member may not receive a total of more than $200,000 (or $100,000 in the case of a reserve component member) in payments under this section. (2) The limitation in paragraph (1) on the total bonus payments that a member may receive under this section does not apply with respect to an officer who is assigned duties as a health care professional. (e)  Certain Members Ineligible (1) A retention bonus may not be provided under subsection (a) to a member of the armed forces who (A) has completed more than 25 years of active duty or service in an active status in a reserve component; or (B) will complete the members twenty-fifth year of active duty or service in an active status in a reserve component before the end of the period of active duty or service in an active status in a reserve component for which the bonus is being offered. (2) The limitations in paragraph (1) do not apply with respect to an officer who, during the period of active duty or service in an active status in a reserve component for which the bonus is being offered, is assigned duties as a health care professional. (3) The limitations in paragraph (1) do not apply with respect to a member who, during the period of active duty or service in an active status in a reserve component for which the bonus is being offered (A) is qualified in a skill designated as critical under subsection (b)(1) related to special operations forces; or (B) is qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants. (4) The Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may waive the limitations in paragraph (1) with respect to a member who, during the period of active duty or service in an active status in a reserve component for which the bonus is being offered, is assigned duties in a skill designated as critical under subsection (b)(1). The authority to grant a waiver under this paragraph may not be delegated below the Under Secretary of Defense for Personnel and Readiness or the Deputy Secretary of the Department of Homeland Security. (f)  Relationship to Other Incentives A retention bonus paid under this section is in addition to any other pay and allowances to which a member is entitled. (g)  Repayment A member paid a bonus under this section who fails, during the period of service covered by the members agreement, reenlistment, or voluntary extension of enlistment under subsection (a), to remain qualified in the critical military skill or to satisfy the other eligibility criteria for which the bonus was paid shall be subject to the repayment provisions of section 373 of this title (h)  Termination of Bonus Authority No bonus may be paid under this section with respect to any reenlistment, or voluntary extension of an enlistment, in the armed forces entered into after December 31, 2023 (Added Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  614(d) Dec. 28, 2001 115 Stat. 1136 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI Dec. 2, 2002 116 Stat. 2568 Pub. L. 108136, div. A, title VI Nov. 24, 2003 117 Stat. 1501 Pub. L. 108375, div. A, title VI Oct. 28, 2004 118 Stat. 1948 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3295 Pub. L. 109364, div. A, title VI,  614(e) Oct. 17, 2006 120 Stat. 2248 Pub. L. 110181, div. A, title VI Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4485 Pub. L. 11184, div. A, title VI,  614(9) Oct. 28, 2009 123 Stat. 2354 Pub. L. 111207,  4(a)(4) July 27, 2010 124 Stat. 2251 Pub. L. 111383, div. A, title VI,  614(9) Jan. 7, 2011 124 Stat. 4237 Pub. L. 11281, div. A, title VI,  614(9) Dec. 31, 2011 125 Stat. 1450 Pub. L. 112239, div. A, title VI,  614(9) Jan. 2, 2013 126 Stat. 1777 Pub. L. 11366, div. A, title VI,  614(9) Dec. 26, 2013 127 Stat. 781 Pub. L. 113291, div. A, title VI,  614(10) Dec. 19, 2014 128 Stat. 3401 Pub. L. 11492, div. A, title VI,  614(10) Nov. 25, 2015 129 Stat. 839 Pub. L. 114328, div. A, title VI,  614(10) Dec. 23, 2016 130 Stat. 2159 Pub. L. 11591, div. A, title VI,  614(10) Dec. 12, 2017 131 Stat. 1422 Pub. L. 115232, div. A, title VI,  611(d)(9) Aug. 13, 2018 132 Stat. 1797 Pub. L. 11692, div. A, title VI,  611(d)(9) Dec. 20, 2019 133 Stat. 1426 Pub. L. 116283, div. A, title VI,  611(d)(9) Jan. 1, 2021 134 Stat. 3673 Pub. L. 11781, div. A, title VI,  611(d)(9) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI,  601(d)(9) Dec. 23, 2022 136 Stat. 2620  Editorial Notes Amendments 2022Subsec. (h). Pub. L. 117263 December 31, 2023 December 31, 2022 2021Subsec. (h). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283 December 31, 2021 December 31, 2020 2019Subsec. (h). Pub. L. 11692 December 31, 2020 December 31, 2019 2018Subsec. (h). Pub. L. 115232 December 31, 2019 December 31, 2018 2017Subsec. (h). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (h). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (h). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (h). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (h). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (h). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383 December 31, 2011 December 31, 2010 2010Subsecs. (h), (i). Pub. L. 111207 2009Subsec. (i). Pub. L. 11184 December 31, 2010 December 31, 2009 2008 Pub. L. 110181,  661(c)(1) section 323 of this title Subsec. (e)(4). Pub. L. 110181,  622 Subsec. (g). Pub. L. 110181,  661(c)(2) Subsec. (i). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181,  614(d) December 31, 2008 December 31, 2007 2006 Pub. L. 109163,  640(f)(1) Subsec. (a). Pub. L. 109163,  640(a)(1)(A) Subsec. (a)(1). Pub. L. 109163,  640(a)(1)(B) Subsec. (a)(3). Pub. L. 109163,  640(a)(1)(C) Subsec. (b). Pub. L. 109163,  640(b)(2) Subsec. (d)(1). Pub. L. 109163,  640(c) Subsec. (e)(1)(A). Pub. L. 109163,  640(a)(2) Subsec. (e)(1)(B). Pub. L. 109163,  640(a)(2) Subsec. (e)(2), (3). Pub. L. 109163,  640(d) Subsec. (g). Pub. L. 109163,  687(b)(31) Subsec. (g)(1). Pub. L. 109163,  640(e) Subsec. (h)(1). Pub. L. 109163,  640(b)(3) Subsec. (i). Pub. L. 109364 December 31, 2007 December 31, 2006 Pub. L. 109163,  624(e) December 31, 2006 December 31, 2005 2004Subsec. (a). Pub. L. 108375,  621 Subsec. (h). Pub. L. 108375,  1084(e)(2) Subsec. (i). Pub. L. 108375,  614(e) December 31, 2005 December 31, 2004 2003Subsec. (a). Pub. L. 108136,  1045(b)(1) Subsec. (b). Pub. L. 108136,  622 Subsec. (i). Pub. L. 108136,  614(d) December 31, 2004 December 31, 2003 2002Subsec. (b). Pub. L. 107296 Subsec. (d). Pub. L. 107314,  618(a) Subsec. (e). Pub. L. 107314,  618(b) Subsec. (g)(1). Pub. L. 107296 Subsec. (i). Pub. L. 107314,  614(d) December 31, 2003 December 31, 2002 2001Subsec. (i). Pub. L. 107107 December 31, 2002 December 31, 2001 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by section 614(d) of Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Section 323 [now 355] of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2000 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 section 687(b) of Pub. L. 109163 section 687(f) of Pub. L. 109163 section 510 of Title 10  356. Continuation pay: full TSP members with 8 to 12 years of service (a)  Continuation Pay The Secretary concerned shall make a payment of continuation pay to each full TSP member (as defined in section 8440e(a) of title 5 (1) has completed not less than 8 and not more than 12 years of service in a uniformed service; and (2) enters into an agreement with the Secretary to serve for not less than 3 additional years of obligated service. (b)  Payment Amount The Secretary concerned shall determine the payment amount under this section as a multiple of a full TSP members monthly basic pay. The multiple for a full TSP member who is a member of a regular component or a reserve component, if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10 (1) in the case of a member of a regular component (A) the monthly basic pay of the member at 12 years of service multiplied by 2.5; plus (B) at the discretion of the Secretary concerned, the monthly basic pay of the member at 12 years of service multiplied by such number of months (not to exceed 13 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a); and (2) in the case of a member of a reserve component (A) the amount of monthly basic pay to which the member would be entitled at 12 years of service if the member were a member of a regular component multiplied by 0.5; plus (B) at the discretion of the Secretary concerned, the amount of monthly basic pay described in subparagraph (A) multiplied by such number of months (not to exceed 6 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a). (c)  Additional Discretionary Authority In addition to the continuation pay required under subsection (a), the Secretary concerned may provide continuation pay under this subsection to a full TSP member described in subsection (a), and subject to the service agreement referred to in paragraph (2) of such subsection, in an amount determined by the Secretary concerned. (d)  Timing of Payment The Secretary concerned shall pay continuation pay under subsection (a) to a full TSP member when the member has completed not less than 8 and not more than 12 years of service in a uniformed service. (e)  Lump Sum or Installments A full TSP member may elect to receive continuation pay provided under subsection (a) or (c) in a lump sum or in a series of not more than four payments. (f)  Relationship to Other Pay and Allowances Continuation pay under this section is in addition to any other pay or allowance to which the full TSP member is entitled. (g)  Repayment A full TSP member who receives continuation pay under this section (a) 1 1 section 373 of this title (h)  Regulations Each Secretary concerned shall prescribe regulations to carry out this section. (Added Pub. L. 11492, div. A, title VI,  634(a) Nov. 25, 2015 129 Stat. 850 Pub. L. 114328, div. A, title VI,  633(a) Dec. 23, 2016 130 Stat. 2163  Editorial Notes Amendments 2016 Pub. L. 114328,  633(d)(1) Subsec. (a)(1). Pub. L. 114328,  633(a)(1) Subsec. (a)(2). Pub. L. 114328,  633(a)(2) Subsec. (b). Pub. L. 114328,  633(b) Amount Subsec. (d). Pub. L. 114328,  633(c) Statutory Notes and Related Subsidiaries Effective Date of 2016 Amendment Pub. L. 114328, div. A, title VI,  633(e) Dec. 23, 2016 130 Stat. 2163 The amendments made by this section [amending this section] shall take effect on January 1, 2018 section 356 of title 37 Effective Date; Implementation Section effective Jan. 1, 2018 section 635 of Pub. L. 11492 section 8432 of Title 5  357. Incentive pay authorities for members of the reserve components of the armed forces  Notwithstanding section 1004 of this title (Added Pub. L. 11781, div. A, title VI,  602(a) Dec. 27, 2021 135 Stat. 1765  Statutory Notes and Related Subsidiaries Implementation of Section Pub. L. 11781, div. A, title VI,  602(c) Dec. 27, 2021 135 Stat. 1765  (c)  Report Not later than September 30, 2022 (1) the plan of the Secretary to implement section 357 of such title [ 37 U.S.C. 357 (2) an estimate of the costs of such implementation; (3) the number of members described in such section; and (4) any other matter the Secretary determines relevant. (d)  Implementation Date The Secretary may not implement section 357 of such title, as added by subsection (a) until after (1) submission of the report under subsection (b) [probably means subsec. (c)]; and (2) the Secretary determines and certifies in writing to the Committees on Armed Services of the Senate and House of Representatives that such implementation shall not have a detrimental effect on the force structure of an Armed Force concerned, including with regard to recruiting or retention of members in the regular component of such Armed Force. SUBCHAPTER III GENERAL PROVISIONS  371. Relationship to other incentives and pays (a)  Treatment A bonus or incentive pay paid to a member of the uniformed services under subchapter II is in addition to any other pay and allowance to which a member is entitled, unless otherwise provided under this chapter. (b)  Exception A member may not receive a bonus or incentive pay under both subchapter I and subchapter II for the same activity, skill, or period of service. (c)  Relationship to Other Computations The amount of a bonus or incentive pay to which a member is entitled under subchapter II may not be included in computing the amount of (1) any increase in pay authorized by any other provision of this title; or (2) any retired pay, retainer pay, separation pay, or disability severance pay. (Added Pub. L. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 176  372. Continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action (a)  Continuation of Pays If a member of a regular or reserve component of a uniformed service incurs a wound, injury, or illness in the line of duty while serving in a combat operation or a combat zone, while serving in a hostile fire area, or while exposed to a hostile fire event, as described under section 351 of this title (b)  Duration The payment of pay and allowances to a member under subsection (a) may continue until the end of the first month beginning after the earliest of the following dates: (1) The date on which the member is returned for assignment to other than a medical or patient unit for duty; however, in the case of a member under the jurisdiction of a Secretary of a military department, the date on which the member is determined fit for duty. (2) One year after the date on which the member is first hospitalized for the treatment of the wound, injury, or illness, except that the Secretary concerned may extend the termination date in six-month increments. (3) The date on which the member is discharged, separated, or retired (including temporary disability retirement) from the uniformed services. (c)  Bonus, Incentive Pay, or Similar Benefit Defined In this section, the term bonus, incentive pay, or similar benefit means a bonus, incentive pay, special pay, or similar payment paid to a member of the uniformed services under this title or title 10. (Added Pub. L. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 176 Pub. L. 11692, div. A, title VI,  601 Dec. 20, 2019 133 Stat. 1423  Editorial Notes Amendments 2019Subsec. (b)(1). Pub. L. 11692  373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met (a)  Repayment and Termination Except as provided in subsection (b), a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the members satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement. (b)  Exceptions. (1)  Discretion to provide exception to termination and repayment requirements Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. (2)  Special rule for deceased and disabled members (A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned (i) shall not require repayment by the member or the members estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and (ii) shall require the payment to the member or the members estate of the remainder of any bonus, incentive pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member. (B) Subparagraph (A) does not apply if the death or disability of the member is the result the members misconduct. (C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus, incentive pay, or similar benefit as if the member continued to be entitled to the bonus, incentive pay, or similar benefit following the death, retirement, or separation. (D) Amounts to be paid to a member or the members estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies. (E) In this paragraph, the term combat-related disability has the meaning given that term in section 1413a(e) of title 10 (3)  Special rule for members who receive sole survivorship discharge (A) If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned (i) shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and (ii) may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. (B) In this paragraph, the term sole survivorship discharge means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which (i) the father or mother or one or more siblings (I) served in the Armed Forces; and (II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and (ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence. (c)  Effect of Bankruptcy An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after (1) the date of the termination of the agreement or contract on which the debt is based; or (2) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based. (d)  Definitions In this section: (1) The term bonus, incentive pay, or similar benefit means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this section or section 303a(e) of this title (2) The term service, as used in subsection (c)(2), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus, incentive pay, or similar benefit offered by the Secretary concerned (A) to a member in a regular or reserve component who remains on active duty or in an active status; (B) to perform duty in a specified skill, with or without a specified qualification or credential; (C) to perform duty in a specified assignment, location or unit; or (D) to perform duty for a specified period of time. (Added Pub. L. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 177 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4496 Pub. L. 11184, div. A, title VI,  617(b) Oct. 28, 2009 123 Stat. 2355  Editorial Notes Amendments 2009Subsec. (b)(2). Pub. L. 11184,  617(b)(1) Subsec. (b)(3). Pub. L. 11184,  617(b)(2) 2008 Pub. L. 110417,  651(c)(2)(A) Subsec. (a). Pub. L. 110417,  651(c)(1)(A) Subsec. (b). Pub. L. 110417,  651(c)(1)(B)  374. Regulations 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. 110181, div. A, title VI,  661(a)(2) Jan. 28, 2008 122 Stat. 178 CHAPTER 7 ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES    Sec.  401. Definitions.  402. Basic allowance for subsistence.  402a. Supplemental subsistence allowance for low-income members with dependents.  402b. Basic needs allowance for members on active service in the Armed Forces.  403. Basic allowance for housing.  403a. Housing treatment for certain members of the armed forces, and their spouses and other dependents, undergoing a permanent change of station within the United States.  403b. Cost-of-living allowance in the continental United States.  [ 404. Repealed.]  405. Travel and transportation allowances: per diem while on duty outside the continental United States.  [ 406 412. Repealed.]  413. Chairman and Vice Chairman of the Joint Chiefs of Staff.  414. Personal money allowance.  415. Uniform allowance: officers; initial allowance.  416. Uniform allowance: officers; additional allowances.  417. Uniform allowance: officers; general provisions.  418. Clothing allowance: enlisted members.  419. Civilian clothing allowance.  420. Allowances while participating in international sports.  421. Allowances: no increase while dependent is entitled to basic pay.  422. Cadets and midshipmen.  423. Validity of allowance payments based on purported marriages.  424. Band leaders.  425. United States Navy Band; United States Marine Corps Band: allowances while on concert tour.  [ 426. Repealed.]  427. Family separation allowance.  [ 428 430. Repealed.]  431. Benefits for certain members assigned to the Defense Intelligence Agency.  [ 432. Repealed.]  433. Allowance for muster duty.  433a. Allowance for participation in Ready Reserve screening.  [ 434. Repealed.]  435. Funeral honors duty: allowance.  436. High-deployment allowance: lengthy or numerous deployments; frequent mobilizations.  437. Allowance to cover monthly premium for Servicemembers Group Life Insurance: members serving in a designated duty assignment. 1 1  438. Preventive health services allowance.  439. Special compensation: members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living.  Editorial Notes Amendments 2022 Pub. L. 117263, div. A, title VI,  615(b) Dec. 23, 2022 136 Stat. 2624 2021 Pub. L. 11781, div. A, title VI,  601(d) Dec. 27, 2021 135 Stat. 1765 Pub. L. 116283, div. A, title VI,  604(c)(1) Jan. 1, 2021 134 Stat. 3672 2017 Pub. L. 11591, div. A, title VI,  604(a)(2) Dec. 12, 2017 131 Stat. 1420 2016 Pub. L. 114328, div. A, title VI,  644(b)(3) Dec. 23, 2016 130 Stat. 2167 2011 Pub. L. 11281, div. A, title VI,  631(f)(1) Dec. 31, 2011 125 Stat. 1464 l Pub. L. 111383, div. A, title X,  1075(c)(3)(B) Jan. 7, 2011 124 Stat. 4372 Pub. L. 111383, div. A, title X,  1075(c)(3)(A) Jan. 7, 2011 124 Stat. 4372 Pub. L. 111383, div. A, title VI,  622(a)(2) Jan. 7, 2011 124 Stat. 4239 l 2009 Pub. L. 11184, div. A, title V,  542(b)(2)(B) Oct. 28, 2009 123 Stat. 2300 2008 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4505 Pub. L. 110181, div. A, title VI Jan. 28, 2008 122 Stat. 154 2006 Pub. L. 109364, div. A, title VI,  606(c) Oct. 17, 2006 120 Stat. 2246 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3292 2005 Pub. L. 10913, div. A, title I,  1026(b)(2) May 11, 2005 119 Stat. 254 2004 Pub. L. 108375, div. A, title VI,  605(b)(3) Oct. 28, 2004 118 Stat. 1945 2003 Pub. L. 108136, div. A, title V,  541(b)(5)(B) Nov. 24, 2003 117 Stat. 1477 2000 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 10665,  586(c)(2) Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 10665,  578(k)(4) Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 1999 Pub. L. 10665, div. A, title V,  586(c)(2) Oct. 5, 1999 113 Stat. 639 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 10665, div. A, title V,  578(k)(4) Oct. 5, 1999 113 Stat. 631 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 1998 Pub. L. 105261, div. A, title VI,  633(b)(2) Oct. 17, 1998 112 Stat. 2044 1997 Pub. L. 10585, div. A, title VI,  603(c)(4) Nov. 18, 1997 111 Stat. 1782 1994 Pub. L. 103337, div. A, title VI,  602(a)(2) Oct. 5, 1994 108 Stat. 2781 1992 Pub. L. 102484, div. A, title VI,  623(a)(2) Oct. 23, 1992 106 Stat. 2423 1990 Pub. L. 101510, div. A, title V,  504(a)(1) Nov. 5, 1990 104 Stat. 1559 Pub. L. 95561,  1407(c)(1)(B) 1989 Pub. L. 101189, div. A, title V,  502(b)(2) Nov. 29, 1989 103 Stat. 1437 1987 Pub. L. 100180, div. A, title VI Dec. 4, 1987 101 Stat. 10931096 Pub. L. 10026,  8(b)(1) Apr. 21, 1987 101 Stat. 285 1986 Pub. L. 99661, div. A, title VI,  615(a)(2) Nov. 14, 1986 100 Stat. 3880 1985 Pub. L. 99145, title VI Nov. 8, 1985 99 Stat. 641 1984 Pub. L. 98525, title VI Oct. 19, 1984 98 Stat. 2536 1983 Pub. L. 9894, title IX Sept. 24, 1983 97 Stat. 639 1981 Pub. L. 9760, title I Oct. 14, 1981 95 Stat. 1003 Pub. L. 9722,  11(b)(3)(B) July 10, 1981 95 Stat. 138 1980 Pub. L. 96343,  4(a)(3) Sept. 8, 1980 94 Stat. 1125 Pub. L. 96342, title VIII,  808(a)(2) Sept. 8, 1980 94 Stat. 1097 1978 Pub. L. 95561, title XIV,  1407(e)(1)(B) Nov. 1, 1978 92 Stat. 2367 Pub. L. 101510, div. A, title V,  504(a)(1) Nov. 5, 1990 104 Stat. 1559 Pub. L. 107107, div. A, title III,  353(1) Dec. 28, 2001 115 Stat. 1063 1973 Pub. L. 93213,  1(2) Dec. 28, 1973 87 Stat. 910 Pub. L. 93170,  1(2) Nov. 29, 1973 87 Stat. 689 1971 Pub. L. 92129, title II,  205(b) Sept. 28, 1971 85 Stat. 359 1970 Pub. L. 91210,  1(2) Mar. 13, 1970 84 Stat. 53 1968 Pub. L. 90377,  9 July 5, 1968 82 Stat. 288 1967 Pub. L. 90207,  9(2) Dec. 16, 1967 81 Stat. 655 1965 Pub. L. 8926,  1(2) May 22, 1965 79 Stat. 117 1964 Pub. L. 88647, title II,  202(6) Oct. 13, 1964 78 Stat. 1071 1963 Pub. L. 88238,  1(2) Dec. 23, 1963 77 Stat. 476 Pub. L. 88132,  11(2) Oct. 2, 1963 77 Stat. 217  401. Definitions (a)  Dependent Defined In this chapter, the term dependent, with respect to a member of a uniformed service, means the following persons: (1) The spouse of the member. (2) An unmarried child of the member who (A) is under 21 years of age; (B) is incapable of self-support because of mental or physical incapacity and is in fact dependent on the member for more than one-half of the childs support; or (C) is under 23 years of age, is enrolled in a full-time course of study in an institution of higher education approved by the Secretary concerned for purposes of this subparagraph, and is in fact dependent on the member for more than one-half of the childs support. (3) A parent of the member if (A) the parent is in fact dependent on the member for more than one-half of the parents support; (B) the parent has been so dependent for a period prescribed by the Secretary concerned or became so dependent due to a change of circumstances arising after the member entered on active duty; and (C) the dependency of the parent on the member is determined on the basis of an affidavit submitted by the parent and any other evidence required under regulations prescribed by the Secretary concerned. (4) An unmarried person who (A) is placed in the legal custody of the member as a result of an order of a court of competent jurisdiction in the United States (or Puerto Rico or a possession of the United States) for a period of at least 12 consecutive months; (B) either (i) has not attained the age of 21; (ii) has not attained the age of 23 years and is enrolled in a full time course of study at an institution of higher learning approved by the Secretary concerned; or (iii) is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a dependent of the member or former member under this paragraph pursuant to clause (i) or (ii); (C) is dependent on the member for over one-half of the persons support; (D) resides with the member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe; and (E) is not a dependent of a member under any other paragraph. (b)  Other Definitions For purposes of subsection (a): (1) The term child includes (A) a stepchild of the member (except that such term does not include a stepchild after the divorce of the member from the stepchilds parent by blood); (B) an adopted child of the member, including a child placed in the home of the member by a placement agency (recognized by the Secretary of Defense) in anticipation of the legal adoption of the child by the member; and (C) an illegitimate child of the member if the members parentage of the child is established in accordance with criteria prescribed in regulations by the Secretary concerned. (2) The term parent means (A) a natural parent of the member; (B) a stepparent of the member; (C) a parent of the member by adoption; (D) a parent, stepparent, or adopted parent of the spouse of the member; and (E) any other person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 469 Pub. L. 9364, title I July 9, 1973 87 Stat. 148 Pub. L. 10026,  8(e)(7) Apr. 21, 1987 101 Stat. 286 Pub. L. 102190, div. A, title VI,  621 Dec. 5, 1991 105 Stat. 1377 Pub. L. 103160, div. A, title VI,  631(a) Nov. 30, 1993 107 Stat. 1683 Pub. L. 103337, div. A, title VII,  701(b) Oct. 5, 1994 108 Stat. 2797        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  401 37:231(g) (less last proviso of last sentence). Oct. 12, 1949, ch. 681,  102(g) 63 Stat. 804 Sept. 8, 1950, ch. 922,  1 64 Stat. 794 Mar. 23, 1953, ch. 8 67 Stat. 6 June 30, 1955, ch. 250,  103 69 Stat. 224 Mar. 23, 1959 Pub. L. 864,  3 73 Stat. 13 The words lawful, at all times and in all places, except as hereinafter limited in this subsection, and in addition to those persons otherwise defined as dependents in this subsection are omitted as surplusage. In clause (1), the word spouse is substituted for words wife and husband. Clause (2) is substituted for the 16th through 24th words of the first sentence of section 231(g) of existing title 37 and the third sentence (less last proviso) of section 231(g) of existing title 37. Clause (3) is substituted for the second sentence of section 231(g) of existing title 37 and the last sentence (less provisos) of section 231(g) of existing title 37. The second sentence is substituted for the last proviso of the third sentence of section 231(g) of existing title 37. The last sentence is substituted for the first proviso of the last sentence of section 231(g) of existing title 37. Editorial Notes Amendments 1994Subsec. (b)(1)(B). Pub. L. 103337 1993Subsec. (a)(4). Pub. L. 103160 1991 Pub. L. 102190 (1) his spouse; (2) his unmarried child (including any of the following categories of children if such child is in fact dependent on the member: a stepchild; an adopted child; or an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the childs support, or whose parentage has been admitted in writing by the member) who either (A) is under 21 years of age; or (B) is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and (3) his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age) who is in fact dependent on the member for over one-half of his support; however, the dependency of such a parent is determined on the basis of an affidavit submitted by the parent, and any other evidence required under regulations prescribed by the Secretary concerned, and he is not considered a dependent of the member claiming the dependence unless (A) the member has provided over one-half of his support for the period prescribed by the Secretary concerned; or (B) due to changed circumstances arising after the member enters on active duty, he becomes in fact dependent on the member for over one-half of his support. For the purposes of this section, the relationship between a stepparent and his stepchild is terminated by the stepparents divorce from the parent by blood. 1987 Pub. L. 10026 1973Cl. (2). Pub. L. 9364,  103(1) Cl. (3). Pub. L. 9364,  104 Closing text. Pub. L. 9364,  103(2) Statutory Notes and Related Subsidiaries Effective Date of 1993 Amendment Pub. L. 103160, div. A, title VI,  631(b) Nov. 30, 1993 107 Stat. 1684  Section 401(a)(4) of title 37 July 1, 1994 Effective Date of 1973 Amendment Pub. L. 9364, title II,  206 July 9, 1973 87 Stat. 149 This Act [enacting section 1173 of Title 10 July 1, 1973  402. Basic allowance for subsistence (a)  Entitlement to Allowance (1) Except as provided in paragraph (2) or otherwise provided by law, each member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for subsistence as set forth in this section. (2) An enlisted member is not entitled to the basic allowance for subsistence during basic training. (b)  Rates of Allowance Based on Food Costs (1) The monthly rate of basic allowance for subsistence to be in effect for an enlisted member for a year (beginning on January 1 of that year) shall be equal to the sum of (A) the monthly rate of basic allowance for subsistence that was in effect for an enlisted member for the preceding year; plus (B) the product of the monthly rate under subparagraph (A) and the percentage increase in the monthly cost of a liberal food plan for a male in the United States who is between 20 and 50 years of age over the preceding fiscal year, as determined by the Secretary of Agriculture each October 1. (2) The monthly rate of basic allowance for subsistence to be in effect for an officer for a year (beginning on January 1 of that year) shall be the amount equal to the monthly rate of basic allowance for subsistence in effect for officers for the preceding year, increased by the same percentage by which the rate of basic allowance for subsistence for enlisted members for the preceding year is increased effective on such January 1. (3) For purposes of implementing paragraph (1), the monthly rate of basic allowance for subsistence that was in effect for an enlisted member for calendar year 2001 is deemed to be $233. (c)  Advance Payment The allowance to an enlisted member may be paid in advance for a period of not more than three months. (d)  Special Rate for Enlisted Members Occupying Single Quarters Without Adequate Availability of Meals The Secretary of Defense, and the Secretary of the department in which the Coast Guard is operating, may pay an enlisted member the basic allowance for subsistence under this section at a monthly rate that is twice the amount in effect under subsection (b)(1) while (1) the member is assigned to single Government quarters which have no adequate food storage or preparation facility in the quarters; and (2) there is no Government messing facility serving those quarters that is capable of making meals available to the occupants of the quarters. (e)  Special Rule for Certain Enlisted Reserve Members Unless entitled to basic pay under section 204 of this title section 206(a) of this title (f)  Special Rule for High-Cost Duty Locations and Other Unique and Unusual Circumstances The Secretary of Defense may authorize a member of the armed forces who is not entitled to the meals portion of the per diem in connection with an assignment in a high-cost duty location or under other unique and unusual circumstances, as determined by the Secretary, to receive any or all of the following: (1) Meals at no cost to the member, regardless of the entitlement of the member to a basic allowance for subsistence under subsection (a). (2) A basic allowance for subsistence at the standard rate, regardless of the entitlement of the member for all meals or select meals during the duty day. (3) A supplemental subsistence allowance at a rate higher than the basic allowance for subsistence rates in effect under this section, regardless of the entitlement of the member for all meals or select meals during the duty day. (g)  Policies on Use of Dining and Messing Facilities The Secretary of Defense, in consultation with the Secretaries concerned, shall prescribe policies regarding use of dining and field messing facilities of the uniformed services. (h)  No Payment for Meals Received at Military Treatment Facilities (1) A member of the armed forces who is undergoing medical recuperation or therapy, or is otherwise in the status of continuous care, including outpatient care, at a military treatment facility for an injury, illness, or disease described in paragraph (2) shall not be required to pay any charge for meals provided to the member by the military treatment facility. (2) Paragraph (1) applies with respect to an injury, illness, or disease incurred or aggravated by a member while the member was serving on active duty (A) in support of Operation Iraqi Freedom or Operation Enduring Freedom; or (B) in any other operation designated by the Secretary of Defense as a combat operation or in an area designated by the Secretary as a combat zone. (i)  Regulations (1) The Secretary of Defense shall prescribe regulations for the administration of this section. Before prescribing the regulations, the Secretary shall consult with each Secretary concerned. (2) The regulations shall include the specific rates of basic allowance for subsistence required by subsection (b). ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 470 Pub. L. 89444,  2(2) June 9, 1966 80 Stat. 198 Pub. L. 93419,  3(1) Sept. 19, 1974 88 Stat. 1152 Pub. L. 96513, title IV,  411 Dec. 12, 1980 94 Stat. 2905 Pub. L. 9894, title IX,  908(a) Sept. 24, 1983 97 Stat. 637 Pub. L. 98525, title VI,  605 Oct. 19, 1984 98 Stat. 2537 Pub. L. 98557,  17(d) Oct. 30, 1984 98 Stat. 2868 Pub. L. 99145, title XIII,  1303(b)(5) Nov. 8, 1985 99 Stat. 740 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 104106, div. A, title VI,  602(a) Feb. 10, 1996 110 Stat. 356 Pub. L. 10585, div. A, title VI,  602(a) Nov. 18, 1997 111 Stat. 1771 Pub. L. 105261, div. A, title VI,  604(a) Oct. 17, 1998 112 Stat. 2037 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  604(a) Dec. 28, 2001 115 Stat. 1133 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI,  603 Dec. 2, 2002 116 Stat. 2566 Pub. L. 108136, div. A, title VI,  604 Nov. 24, 2003 117 Stat. 1499 Pub. L. 109163, div. A, title VI,  607(a) Jan. 6, 2006 119 Stat. 3288 Pub. L. 109364, div. A, title VI,  603(a) Oct. 17, 2006 120 Stat. 2245 Pub. L. 110181, div. A, title VI,  614(h) Jan. 28, 2008 122 Stat. 149 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4483        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  402(a) 402(b) 37:251(a) (1st sentence). 37:251(a) (2d and last sentences). 37:251(b). 37:251(c). Oct. 12, 1949, ch. 681,  301 63 Stat. 812 May 19, 1952, ch. 310,  1(d) 66 Stat. 80 Aug. 10, 1956, ch. 1041,  20(b) 70A Stat. 627 Sept. 2, 1958 Pub. L. 85861,  10 72 Stat. 1556  37:251a. Aug. 1, 1953, ch. 305,  617 67 Stat. 352        402(c)  402(d) 402(e) 402(f) 37:301(a) (45 words before proviso). 37:301(e) (less applicability to basic pay, incentive pay, administrative pay, and duty without pay). 37:251(a) (less 1st, 2d, and last sentences). 37:251(e). 37:251(f). 37:251(d). Oct. 12, 1949, ch. 681,  501(a) 63 Stat. 825 July 9, 1952, ch. 608,  244 66 Stat. 494 June 30, 1960 Pub. L. 86559,  8 74 Stat. 282 In subsection (a), the words in the amount set forth in subsection (d) are substituted for the words in such amounts . . . as are provided in this section. In subsection (b), the words on a daily basis are substituted for the last sentence of section 251(a) of existing title 37. The words United States are substituted for the word Government, in the 2d sentence of section 251(a) of existing title 37, section 251(b) of existing title 37, and section 251(e) of existing title 37. The word confined is substituted for the word sick for clarity. The last 16 words of the third sentence are substituted for section 251(b) (proviso) of existing title 37. The fourth sentence is substituted for section 251(a) of existing title 37. The last sentence is substituted for section 301(a) (45 words before proviso) of existing title 37 and section 301(e) (less applicability to basic pay, incentive pay, administrative pay, and duty without pay). In that sentence, the words of a reserve component of a uniformed service, or of the National Guard are substituted for the enumeration of the organizations concerned. In subsection (c), the words who are entitled to basic pay are inserted to reflect the 1st sentence of section 251(a) of existing title 37. In subsection (d), the reference in section 251(a) of existing title 37 to the allowance of $1.05 per day for enlisted members granted permission to mess separately is omitted as superseded by section 251a. In subsection (e), the words Effective April 15, 1955 Editorial Notes Amendments 2008Subsec. (h)(1). Pub. L. 110417,  602(1) Subsec. (h)(3). Pub. L. 110417,  602(2) October 1, 2005 December 31, 2008 Pub. L. 110181 December 31, 2008 December 31, 2007 2006Subsec. (h). Pub. L. 109163,  607(a)(2) Subsec. (h)(3). Pub. L. 109364 December 31, 2007 December 31, 2006 Subsec. (i). Pub. L. 109163,  607(a)(1) 2003Subsec. (b)(1). Pub. L. 108136,  1045(b)(2)(A)(i) January 1, 2002 December 31, 2001 (A) The amount equal to the monthly cost of a moderate-cost food plan for a male in the United States who is between 20 and 50 years of age. (B) The amount equal to the monthly cost of a liberal food plan for a male in the United States who is between 20 and 50 years of age. Subsec. (b)(2). Pub. L. 108136,  1045(b)(2)(A)(ii) Subsec. (b)(3), (4). Pub. L. 108136,  1045(b)(2)(A)(ii) Subsec. (d). Pub. L. 108136,  1045(b)(2)(B) Subsecs. (f) to (h). Pub. L. 108136,  604 2002Subsec. (d). Pub. L. 107314 (1) In areas prescribed by the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, an enlisted member described in paragraph (2) is entitled to not more than the pro rata allowance in effect under paragraph (1) or (2) of subsection (b) for each meal the member buys from a source other than a messing facility of the United States. (2) An enlisted member referred to in paragraph (1) is a member who is granted permission to mess separately and whose duties require the member to buy at least one meal from a source other than a messing facility of the United States. Pub. L. 107296 Pub. L. 107314 2001Subsec. (b)(4). Pub. L. 107107 2000Subsec. (b)(1). Pub. L. 106398,  1 [[div. A] December 31, 2001 Subsec. (b)(2), (3). Pub. L. 106398,  1 [[div. A] Subsec. (d)(1). Pub. L. 106398,  1 [[div. A] 1998Subsecs. (e) to (g). Pub. L. 105261 1997 Pub. L. 10585 1996Subsec. (b). Pub. L. 104106,  602(a) Subsec. (e)(1). Pub. L. 104106,  602(c)(1)(A) Subsec. (e)(2). Pub. L. 104106,  602(c)(1)(B) 1991Subsec. (e). Pub. L. 10225 1985Subsec. (b). Pub. L. 99145 1984Subsec. (b). Pub. L. 98525 Subsec. (d). Pub. L. 98557 1983Subsec. (e). Pub. L. 9894 1980Subsec. (b). Pub. L. 96513,  411(a) Subsec. (e). Pub. L. 96513,  411(b) 1974Subsec. (a). Pub. L. 93419,  3(1) Subsec. (b). Pub. L. 93419,  3(2) section 1009 of this title Subsec. (c). Pub. L. 93419,  3(3) section 1009 of this title Subsecs. (d) to (f). Pub. L. 93419,  3(4) 1966Subsec. (c). Pub. L. 89444 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110181 Dec. 31, 2007 section 610 of Pub. L. 110181 section 2130a of Title 10 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1997 Amendment Pub. L. 10585, div. A, title VI,  602(g) Nov. 18, 1997 111 Stat. 1775 This section [amending this section, section 404 of this title section 6081 of Title 10 January 1, 1998 Effective Date of 1984 Amendment Pub. L. 98525, title VI,  605 Oct. 19, 1984 98 Stat. 2537 Oct. 1, 1984 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Sept. 15, 1981 section 411 of Pub. L. 96513 Dec. 12, 1980 section 701 of Pub. L. 96513 section 101 of Title 10 Effective Date of 1974 Amendment Amendment by Pub. L. 93419 Sept. 19, 1974 section 9 of Pub. L. 93419 section 1009 of this title  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Rate for Enlisted Members When Messing Facilities Not Available Pub. L. 107107, div. A, title VI,  604(b) Dec. 28, 2001 115 Stat. 1133  (1) Notwithstanding section 402 of title 37 Dec. 28, 2001 (2) Paragraph (1) shall cease to be effective on the first day of the first month for which the basic allowance for subsistence calculated for enlisted members of the uniformed services under section 402 of title 37 Transitional Authority To Provide Basic Allowance for Subsistence Pub. L. 107107, div. A, title VI,  604(c) Dec. 28, 2001 115 Stat. 1134 Notwithstanding the repeal of subsections (c) through (f) of section 602 of the National Defense Authorization Act for Fiscal Year 1998 ( Public Law 10585 37 U.S.C. 402 Public Law 106398 114 Stat. 1654 Pub. L. 10585, div. A, title VI,  602(c) Nov. 18, 1997 111 Stat. 1772 Pub. L. 105261, div. A, title VI,  604(b) Oct. 17, 1998 112 Stat. 2038 Pub. L. 106398,  1 [[div. A, title X,  1087(e)(1)] Oct. 30, 2000 114 Stat. 1654 Jan. 1, 1998 Pub. L. 106398,  1 [[div. A, title VI,  603(c)] Oct. 30, 2000 114 Stat. 1654 Oct. 1, 2001 Increase in Basic Allowance for Subsistence Pub. L. 96343,  7 Sept. 8, 1980 94 Stat. 1128 Effective September 1, 1980 section 402 of title 37 Sept. 8, 1980 Executive Documents  Executive Order No. 10119 Ex. Ord. No. 10119, Mar. 30, 1950 Apr. 11, 1953 Apr. 22, 1955 June 22, 1964 section 301 of this title Regulations Relating to Subsistence Allowance Regulations relating to basic allowance for subsistence, see Ex. Ord. No. 11157, June 22, 1964 section 301 of this title  402a. Supplemental subsistence allowance for low-income members with dependents (a)  Supplemental Allowance Required (1) The Secretary concerned shall increase the basic allowance for subsistence to which a member of the armed forces described in subsection (b) is otherwise entitled under section 402 of this title (2) The supplemental subsistence allowance may not exceed $1,100 per month. In establishing the amount of the supplemental subsistence allowance to be paid an eligible member under this paragraph, the Secretary shall take into consideration the amount of the basic allowance for housing that the member receives under section 403 of this title (3) In the case of a member described in subsection (b) who establishes to the satisfaction of the Secretary concerned that the allotment of the members household under the supplemental nutrition assistance program, calculated in the absence of the supplemental subsistence allowance, would exceed the amount established by the Secretary concerned under paragraph (2), the amount of the supplemental subsistence allowance for the member shall be equal to the lesser of the following: (A) The value of that allotment. (B) $1,100. (b)  Members Entitled to Allowance (1) Subject to subsection (d) and paragraph (4), a member of the armed forces with dependents is entitled to receive the supplemental subsistence allowance if the Secretary concerned determines that the members income, together with the income of the rest of the members household (if any), is within the highest income standard of eligibility, as then in effect under section 5(c) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(c) (2) In determining whether a member meets the eligibility criteria under paragraph (1), the Secretary concerned shall take into consideration the amount of the basic allowance for housing that the member receives under section 403 of this title (3) In determining whether a member meets the eligibility criteria under paragraph (1), the Secretary concerned shall not take into consideration (A) the amount of the supplemental subsistence allowance that is payable under this section; (B) the amount of any special pay that is payable to the member under section 310 or 351 of this title, relating to duty subject to hostile fire or imminent danger; or (C) the amount of any family separation allowance that is payable to the member under section 427 of this title (4) After September 30, 2016 (c)  Application for Allowance To request the supplemental subsistence allowance, a member shall submit an application to the Secretary concerned in such form and containing such information as the Secretary concerned may prescribe. A member applying for the supplemental subsistence allowance shall furnish such evidence regarding the members satisfaction of the eligibility criteria under subsection (b) as the Secretary concerned may require. (d)  Effective Period The entitlement of a member to receive the supplemental subsistence allowance terminates upon the occurrence of any of the following events, even though the member continues to meet the eligibility criteria described in subsection (b): (1) Payment of the supplemental subsistence allowance for 12 consecutive months. (2) Promotion of the member to a higher grade. (3) Transfer of the member in a permanent change of station. (e)  Reapplication Upon the termination of the effective period of the supplemental subsistence allowance for a member, or in anticipation of the imminent termination of the allowance, a member may reapply for the allowance under subsection (c), and the Secretary concerned shall approve the application and resume payment of the allowance to the member, if the member continues to meet, or once again meets, the eligibility criteria described in subsection (b). (f)  Eligibility for Other Federal Assistance (1) A child or spouse of a member of the armed forces receiving the supplemental subsistence allowance under this section who, except on account of the receipt of such allowance, would be eligible to receive a benefit described in paragraph (2) shall be considered to be eligible for that benefit notwithstanding the receipt of such allowance. (2) The benefits referred to in paragraph (1) are as follows: (A) Assistance provided under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 (B) Assistance provided under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 (C) A service provided under the Head Start Act ( 42 U.S.C. 9831 (D) Assistance under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 1 1 (3) A household that includes a member of the armed forces receiving the supplemental subsistence allowance under this section and that, except on account of the receipt of such allowance, would be eligible to receive a benefit under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 (g)  Definitions In this section: (1) The term Secretary concerned means (A) the Secretary of Defense; and (B) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy. (2) The terms allotment and household have the meanings given those terms in section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 (3) The term supplemental nutrition assistance program means the program established pursuant to section 4 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013 (Added Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  604(d) Dec. 28, 2001 115 Stat. 1134 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 108375, div. A, title VI,  602(a) Oct. 28, 2004 118 Stat. 1943 Pub. L. 109163, div. A, title VI,  608 Jan. 6, 2006 119 Stat. 3289 Pub. L. 109364, div. A, title X,  1071(c)(6) Oct. 17, 2006 120 Stat. 2401 Pub. L. 110234, title IV,  4002(b)(1)(A) May 22, 2008 122 Stat. 10951097 Pub. L. 110246,  4(a) June 18, 2008 122 Stat. 1664 Pub. L. 11184, div. A, title VI,  602(a) Oct. 28, 2009 123 Stat. 2347 Pub. L. 11281, div. A, title X,  1063(a) Dec. 31, 2011 125 Stat. 1586 Pub. L. 11492, div. A, title VI,  602 Nov. 25, 2015 129 Stat. 836 Pub. L. 114328, div. A, title VI,  618(h)(2) Dec. 23, 2016 130 Stat. 2160  Editorial Notes  References in Text The Richard B. Russell National School Lunch Act, referred to in subsec. (f)(2)(A), is act June 4, 1946, ch. 281 60 Stat. 230 section 1751 of Title 42 The Child Nutrition Act of 1966, referred to in subsec. (f)(2)(B), is Pub. L. 89642 Oct. 11, 1966 80 Stat. 885 section 1771 of Title 42 The Head Start Act, referred to in subsec. (f)(2)(C), is subchapter B ( 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 9735 Aug. 13, 1981 95 Stat. 499 section 9801 of Title 42 The Child Care and Development Block Grant Act of 1990, referred to in subsec. (f)(2)(D), is subchapter C ( 658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 9735 Pub. L. 101508, title V,  5082(2) Nov. 5, 1990 104 Stat. 1388236 section 9857(a) of Title 42 The Low-Income Home Energy Assistance Act of 1981, referred to in subsec. (f)(3), is title XXVI of Pub. L. 9735 Aug. 13, 1981 95 Stat. 893 section 8621 of Title 42 Codification Pub. L. 110234 Pub. L. 110246 Pub. L. 110234 section 4(a) of Pub. L. 110246 Amendments 2016Subsec. (b)(3)(B). Pub. L. 114328 2015Subsec. (b)(1). Pub. L. 11492,  602(1) Subsec. (b)(4). Pub. L. 11492,  602(2) 2011Subsecs. (f) to (h). Pub. L. 11281 2009Subsec. (a)(2), (3)(B). Pub. L. 11184 2008Subsec. (a)(1), (3). Pub. L. 110246,  4002(b)(1)(A) Subsec. (b)(1). Pub. L. 110246,  4002(b)(1)(A) Subsec. (h)(2). Pub. L. 110246,  4002(b)(1)(B) Subsec. (h)(3). Pub. L. 110246,  4002(b)(1)(A) 2006Subsec. (b)(3)(B). Pub. L. 109364,  1071(c)(6) Subsec. (f). Pub. L. 109163,  608(b) Pub. L. 109364,  1071(e)(4) March 1, 2006 Subsec. (i). Pub. L. 109163,  608(a) September 30, 2006 2004Subsec. (b)(2). Pub. L. 108375,  602(a)(1) Subsec. (b)(3). Pub. L. 108375,  602(a)(2) Subsecs. (g) to (i). Pub. L. 108375,  602(b) 2002Subsec. (g)(1)(B). Pub. L. 107296 2001Subsec. (b)(1). Pub. L. 107107 Statutory Notes and Related Subsidiaries Effective Date of 2009 Amendment Pub. L. 11184, div. A, title VI,  602(b) Oct. 28, 2009 123 Stat. 2347 The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2009 Effective Date of 2008 Amendment Amendment of this section and repeal of Pub. L. 110234 Pub. L. 110246 May 22, 2008 Pub. L. 110234 section 4 of Pub. L. 110246 section 8701 of Title 7 Amendment by section 4002(b)(1)(A), (B), (2)(T) of Pub. L. 110246 Oct. 1, 2008 section 4407 of Pub. L. 110246 section 1161 of Title 2 Effective Date of 2006 Amendment Pub. L. 109364, div. A, title X,  1071(e) Oct. 17, 2006 120 Stat. 2401 Jan. 6, 2006 Pub. L. 109163 Effective Date of 2004 Amendment Pub. L. 108375, div. A, title VI,  602(c) Oct. 28, 2004 118 Stat. 1944 The amendments made by this section [amending this section] shall apply in determining, on or after the date of the enactment of this Act [ Oct. 28, 2004 section 402a of title 37 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654  Section 402a of title 37 Oct. 30, 2000  402b. Basic needs allowance for members on active service in the Armed Forces (a)  Allowance Required The Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c). (b)  Eligible Members A member on active service in the armed forces is eligible for the allowance under subsection (a) if (1) the member has completed initial entry training; (2) (A) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 150 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; or (B) if the Secretary concerned determines it appropriate (based on location, household need, or special circumstance), the gross household income of the member during the most recent calendar year did not exceed an amount equal to 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and (3) the member (A) is not ineligible for the allowance under subsection (d); and (B) does not elect under subsection (g) not to receive the allowance. (c)  Amount of Allowance The amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to (1) (A) 150 percent (or, in the case of a member described in subsection (b)(2)(B), 200 percent) of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus (B) the gross household income of the member during the preceding calendar year; divided by (2) 12. (d)  Bases of Ineligibility. (1)  In general The following members are ineligible for the allowance under subsection (a): (A) A member who does not have any dependents. (B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. (2)  Household with more than one eligible member In the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. (3)  Automatic ineligibility of members receiving certain pay increases A member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). (4)  Ineligibility of certain changes in income A member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank. (e)  Application by Members Seeking Allowance. (1)  In general A member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. (2)  Timing of submission A member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually. (3)  Voluntary submission The submission of an application under paragraph (1) is voluntary. (4)  Screening of members for eligibility The Secretary of Defense shall (A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and (B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). (f)  Determinations of Eligibility. (1)  In general The Secretary concerned shall (A) determine which members of the armed forces are eligible under subsection (b); and (B) notify each such member, in writing, of that determination. (2)  Information included in notice The notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible. (g)  Election Not to Receive Allowance. (1)  In general A member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance. (2)  Deemed ineligible A member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). (h)  Special Rule for Members Stationed Outside United States In the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. (i)  Regulations Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. (j)  Effective Period. (1)  Implementation period The allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. (2)  Termination The allowance under subsection (a) may not be paid for any month beginning after December 31, 2027 (k)  Definitions In this section: (1)  Gross household income The term gross household income, with respect to a member of the armed forces, includes (A) all household income, derived from any source; minus (B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title (2)  Household The term household means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents. (Added Pub. L. 11781, div. A, title VI,  601(a) Dec. 27, 2021 135 Stat. 1761 Pub. L. 117263, div. A, title VI,  611(a) Dec. 23, 2022 136 Stat. 2622 Pub. L. 117328, div. O, title II,  201(a) Dec. 29, 2022 136 Stat. 5226  Editorial Notes  References in Text The date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsecs. (i) and (j)(1), is the date of enactment of Pub. L. 11781 Dec. 27, 2021 Amendments 2022 Pub. L. 117328,  201(a)(1) Pub. L. 117263,  611(a) Subsec. (b)(2). Pub. L. 117263,  611(a)(1) Pub. L. 117328,  201(a)(2) Subsec. (c)(1)(A). Pub. L. 117263,  611(a)(2) Pub. L. 117328,  201(a)(3) Statutory Notes and Related Subsidiaries Effective Date of 2022 Pub. L. 117328, div. O, title II,  201(b) Dec. 29, 2022 136 Stat. 5227 The amendments made by this section [amending section 611(a) of Pub. L. 117263 Pub. L. 117263 Dec. 23, 2022 Implementation Pub. L. 117263, div. A, title VI,  611(b) Dec. 23, 2022 136 Stat. 2622 Not later than January 1, 2024 section 101 of title 37 section 402b of title 37  403. Basic allowance for housing (a)  General Entitlement (1) Except as otherwise provided by law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for housing at the monthly rates prescribed under this section or another provision of law with regard to the applicable component of the basic allowance for housing. The amount of the basic allowance for housing for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status of the member, and the geographic location of the member. The basic allowance for housing may be paid in advance. (2) A member of a uniformed service with dependents is not entitled to a basic allowance for housing as a member with dependents unless the member makes a certification to the Secretary concerned indicating the status of each dependent of the member. The certification shall be made in accordance with regulations prescribed by the Secretary of Defense. (b)  Basic Allowance for Housing Inside the United States (1) The Secretary of Defense shall prescribe the rates of the basic allowance for housing that are applicable for the various military housing areas in the United States. The rates for an area shall be based on the costs of adequate housing determined for the area under paragraph (2). (2) The Secretary of Defense shall determine the costs of adequate housing in a military housing area in the United States for all members of the uniformed services entitled to a basic allowance for housing in that area. The Secretary shall base the determination upon the costs of adequate housing for civilians with comparable income levels in the same area. After June 30, 2001 (3) (A) The monthly amount of the basic allowance for housing for an area of the United States for a member of a uniformed service shall be the amount equal to the difference between (i) the amount of the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member; and (ii) the amount equal to a specified percentage (determined under subparagraph (B)) of the national average monthly cost of adequate housing in the United States, as determined by the Secretary, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member. (B) The percentage to be used for purposes of subparagraph (A)(ii) shall be determined by the Secretary of Defense and may not exceed the following: (i) One percent for months occurring during 2015. (ii) Two percent for months occurring during 2016. (iii) Three percent for months occurring during 2017. (iv) Four percent for months occurring during 2018. (v) Five percent for months occurring after 2018. (4) An adjustment in the rates of the basic allowance for housing under this subsection as a result of the Secretarys redetermination of housing costs in an area shall take effect on the same date as the effective date of the next increase in basic pay under section 1009 of this title (5) On and after July 1, 2001 (A) The average cost of a two-bedroom apartment in that military housing area. (B) One-half of the difference between the average cost of a two-bedroom townhouse in that area and the amount determined in subparagraph (A). (6) So long as a member of a uniformed service retains uninterrupted eligibility to receive a basic allowance for housing within an area of the United States, the monthly amount of the allowance for the member may not be reduced as a result of changes in housing costs in the area or the promotion of the member. (7) (A) Under the authority of this paragraph, the Secretary of Defense may prescribe a temporary increase in the rates of basic allowance for housing otherwise prescribed for a military housing area or a portion of a military housing area if the military housing area or portion thereof (i) is located in an area covered by a declaration by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (ii) contains one or more military installations that are experiencing a sudden increase in the number of members of the armed forces assigned to the installation. (B) The Secretary of Defense shall base the amount of the increase to be made in the rates of basic allowance for housing for an area on a determination by the Secretary of the amount by which the costs of adequate housing for civilians have increased in the area by reason of the disaster or the influx of military personnel, except that the increase may not exceed the amount equal to 20 percent of the rate of basic allowance for housing otherwise prescribed for the area. (C) A member may be paid a basic allowance for housing at a rate increased under this paragraph only if the member certifies to the Secretary concerned that the member has incurred increased housing costs in the area by reason of the disaster or the influx of military personnel. (D) Subject to subparagraph (E), an increase in the rates of basic allowance for housing in an area under this paragraph shall remain in effect until the effective date of the first adjustment in rates of basic allowance for housing made for the area pursuant to a redetermination of housing costs in the area under this subsection that occurs after the date of the increase under this paragraph. (E) An increase in the rates of basic allowance for housing for an area may not be prescribed under this paragraph or continue after December 31, 2023 (8) (A) The Secretary of Defense may prescribe a temporary adjustment in the current rates of basic allowance for housing for a military housing area or a portion thereof (in this paragraph, BAH rates) if the Secretary determines that the actual costs of adequate housing for civilians in that military housing area or portion thereof differs from the current BAH rates by more than 20 percent. (B) Any temporary adjustment in BAH rates under this paragraph shall remain in effect only until the effective date of the first adjustment of BAH rates for the affected military housing area that occurs after the date of the adjustment under this paragraph. (C) This paragraph shall cease to be effective on December 31, 2023 (c)  Basic Allowance for Housing Outside the United States (1) The Secretary of Defense may prescribe an overseas basic allowance for housing for a member of a uniformed service who is on duty outside of the United States. The Secretary shall establish the basic allowance for housing under this subsection on the basis of housing costs in the overseas area in which the member is assigned. (2) So long as a member of a uniformed service retains uninterrupted eligibility to receive a basic allowance for housing in an overseas area and the actual monthly cost of housing for the member is not reduced, the monthly amount of the allowance in an area outside the United States may not be reduced as a result of changes in housing costs in the area or the promotion of the member. The monthly amount of the allowance may be adjusted to reflect changes in currency rates. (3) (A) In the case of a member of the uniformed services authorized to receive an allowance under paragraph (1), the Secretary concerned may make a lump-sum payment to the member for required deposits and advance rent, and for expenses relating thereto, that are (i) incurred by the member in occupying private housing outside of the United States; and (ii) authorized or approved under regulations prescribed by the Secretary concerned. (B) Expenses for which a member may be reimbursed under this paragraph may include losses relating to housing that are sustained by the member as a result of fluctuations in the relative value of the currencies of the United States and the foreign country in which the housing is located. (C) The Secretary concerned shall recoup the full amount of any deposit or advance rent payments made by the Secretary under subparagraph (A), including any gain resulting from currency fluctuations between the time of payment and the time of recoupment. (d)  Basic Allowance for Housing When Dependents Do Not Accompany Member (1) A member of a uniformed service with dependents who is on permanent duty at a location described in paragraph (2) may be paid a family separation basic allowance for housing under this subsection at a monthly rate equal to the rate of the basic allowance for housing established under subsection (b) or the overseas basic allowance for housing established under subsection (c), whichever applies to that location, for members in the same grade at that location without dependents. (2) A permanent duty location referred to in paragraph (1) is a location (A) to which the movement of the members dependents is not authorized at the expense of the United States under section 452 of this title (B) at which quarters of the United States are not available for assignment to the member. (3) If a member with dependents is assigned to duty in an area that is different from the area in which the members dependents reside, the member is entitled to a basic allowance for housing as provided in subsection (b) or (c), whichever applies to the member, subject to the following: (A) If the members assignment to duty in that area, or the circumstances of that assignment, require the members dependents to reside in a different area, as determined by the Secretary concerned, the amount of the basic allowance for housing for the member shall be based on the area in which the dependents reside or the members last duty station, whichever the Secretary concerned determines to be most equitable. (B) If the members assignment to duty in that area is under the conditions of a low-cost or no-cost permanent change of station or permanent change of assignment, the amount of the basic allowance for housing for the member shall be based on the members last duty station if the Secretary concerned determines that it would be inequitable to base the allowance on the cost of housing in the area to which the member is reassigned. (C) If the member is reassigned for a permanent change of station or permanent change of assignment from a duty station in the United States to another duty station in the United States for a period of not more than one year for the purpose of participating in professional military education or training classes, the amount of the basic allowance for housing for the member may be based on whichever of the following areas the Secretary concerned determines will provide the more equitable basis for the allowance: (i) The area of the duty station to which the member is reassigned. (ii) The area in which the dependents reside, but only if the dependents reside in that area when the member departs for the duty station to which the member is reassigned and only for the period during which the dependents reside in that area. (iii) The area of the former duty station of the member, if different than the area in which the dependents reside. (4) A family separation basic allowance for housing paid to a member under this subsection is in addition to any other allowance or per diem that the member receives under this title. A member may receive a basic allowance for housing under both paragraphs (1) and (3). (e)  Effect of Assignment to Quarters (1) Except as otherwise provided by law, a member of a uniformed service who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service appropriate to the grade, rank, or rating of the member and adequate for the member and dependents of the member, if with dependents, is not entitled to a basic allowance for housing. (2) A member without dependents who is in a pay grade above pay grade E6 and who is assigned to quarters in the United States or a housing facility under the jurisdiction of a uniformed service, appropriate to the grade or rank of the member and adequate for the member, may elect not to occupy those quarters and instead to receive the basic allowance for housing prescribed for the members pay grade by this section. (3) A member without dependents who is in pay grade E6 and who is assigned to quarters of the United States that do not meet the minimum adequacy standards established by the Secretary of Defense for members in such pay grade, or to a housing facility under the jurisdiction of a uniformed service that does not meet such standards, may elect not to occupy such quarters or facility and instead to receive the basic allowance for housing prescribed for the members pay grade under this section. (4) The Secretary concerned may deny the right to make an election under paragraph (2) or (3) if the Secretary determines that the exercise of such an election would adversely affect a training mission, military discipline, or military readiness. (5) A member with dependents who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service may be paid the basic allowance for housing if, because of orders of competent authority, the dependents are prevented from occupying those quarters. (f)  Ineligibility During Initial Field Duty or Sea Duty (1) A member of a uniformed service without dependents who makes a permanent change of station for assignment to a unit conducting field operations is not entitled to a basic allowance for housing while on that initial field duty unless the commanding officer of the member certifies that the member was necessarily required to procure quarters at the members expense. (2) (A) Except as provided in subparagraphs (B) and (C), a member of a uniformed service without dependents who is in a pay grade below pay grade E6 is not entitled to a basic allowance for housing while the member is on sea duty. (B) Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in pay grade E4 or E5 and is assigned to sea duty. In prescribing regulations under this subparagraph, the Secretary concerned shall consider the availability of quarters for members serving in pay grades E4 and E5. (C) Notwithstanding section 421 of this title (3) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall prescribe regulations defining the terms field duty and sea duty for purposes of this section. (g)  Reserve Members (1) A member of a reserve component without dependents who is called or ordered to active duty to attend accession training, in support of a contingency operation, or for a period of more than 30 days, or a retired member without dependents who is ordered to active duty under section 688(a) of title 10 (A) which is maintained as the primary residence of the member at the time of the call or order; and (B) which is owned by the member or for which the member is responsible for rental payments. (2) The Secretary concerned may provide a basic allowance for housing to a member described in paragraph (1) at a monthly rate equal to the rate of the basic allowance for housing established under subsection (b) or the overseas basic allowance for housing established under subsection (c), whichever applies to the location at which the member is serving, for members in the same grade at that location without dependents. The member may receive both a basic allowance for housing under paragraph (1) and under this paragraph for the same month, but may not receive the portion of the allowance authorized under section 452 of this title (3) Paragraphs (1) and (2) shall not apply if the member is authorized transportation of household goods under section 453(c) of this title (4) The rate of basic allowance for housing to be paid to the following members of a reserve component shall be equal to the rate in effect for similarly situated members of a regular component of the uniformed services: (A) A member who is called or ordered to active duty for a period of more than 30 days. (B) A member who is called or ordered to active duty for a period of 30 days or less in support of a contingency operation. (5) The Secretary of Defense shall establish a rate of basic allowance for housing to be paid to a member of a reserve component while the member serves on active duty under a call or order to active duty specifying a period of 30 days or less, unless the call or order to active duty is in support of a contingency operation. (6) (A) This paragraph applies with respect to a member of a reserve component who performs active Guard and Reserve duty (as defined in section 101(d)(6) of title 10 (B) The rate of basic allowance for housing to be paid to a member described in subparagraph (A) shall be based on the members permanent duty station, even during instances in which the member is mobilized for service on active duty other than active Guard and Reserve duty. (C) (i) During transitions in service status from active Guard and Reserve duty to other active duty and back to active Guard and Reserve duty, or following the start of new periods of service resulting from a change in orders, a member described in subparagraph (A) shall be considered as retaining uninterrupted eligibility to receive a basic allowance for housing in an area as provided for under subsections (b)(6) and (c)(2) so long as the member remains on active duty without a break in service. (ii) Clause (i) does not apply if the members permanent duty station changes as a result of orders directing a permanent change in station with the authority for the movement of household goods. (iii) For purposes of clause (i), a break in active service occurs when one or more calendar days between active service periods do not qualify as active service. (D) Subsections (d)(3) and ( o (h)  Rental of Public Quarters Notwithstanding any other law (including those restricting the occupancy of housing facilities under the jurisdiction of a department or agency of the United States by members, and their dependents, of the armed forces above specified grades, or by members, and their dependents, of the National Oceanic and Atmospheric Administration and the Public Health Service), a member of a uniformed service, and the dependents of the member, may be accepted as tenants in, and may occupy on a rental basis, any of those housing facilities, other than public quarters constructed or designated for assignment to an occupancy without charge by such a member and the dependents of the member, if any. Such a member may not, because of occupancy under this subsection, be deprived of any money allowance to which the member is otherwise entitled for the rental of quarters. (i)  Temporary Housing Allowance While in Travel or Leave Status A member of a uniformed service is entitled to a temporary basic allowance for housing (at a rate determined by the Secretary of Defense) while the member is in a travel or leave status between permanent duty stations, including time granted as delay en route or proceed time, when the member is not assigned to quarters of the United States. (j)  Aviation Cadets The eligibility of an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard for a basic allowance for housing shall be determined as if the aviation cadet were a member of the uniformed services in pay grade E4. (k)  Administration (1) The Secretary of Defense shall prescribe regulations for the administration of this section. (2) The Secretary concerned may make such determinations as may be necessary to administer this section, including determinations of dependency and relationship. When warranted by the circumstances, the Secretary concerned may reconsider and change or modify any such determination. The authority of the Secretary concerned under this subsection may be delegated. Any determination made under this section with regard to a member of the uniformed services is final and is not subject to review by any accounting officer of the United States or a court, unless there is fraud or gross negligence. (3) Parking facilities (including utility connections) provided members of the uniformed services for house trailers and mobile homes not owned by the Government shall not be considered to be quarters for the purposes of this section or any other provision of law. Any fees established by the Government for the use of such a facility shall be established in an amount sufficient to cover the cost of maintenance, services, and utilities and to amortize the cost of construction of the facility over the 25-year period beginning with the completion of such construction. (l)  Temporary Continuation of Allowance for Dependents of Members Dying on Active Duty (1) The Secretary of Defense, or the Secretary of Homeland Security in the case of the Coast Guard when not operating as a service in the Navy, may allow the dependents of a member of the armed forces who dies on active duty and whose dependents are occupying family housing provided by the Department of Defense, or by the Department of Homeland Security in the case of the Coast Guard, other than on a rental basis on the date of the members death to continue to occupy such housing without charge for a period of 365 days. (2) The Secretary concerned may pay a basic allowance for housing (at the rate that is payable for members of the same grade and dependency status as the deceased member for the area where the dependents are residing) to the dependents of a member of the uniformed services who dies while on active duty and whose dependents (A) are not occupying a housing facility under the jurisdiction of a uniformed service on the date of the members death; (B) are occupying such housing on a rental basis on such date; or (C) vacate such housing sooner than 365 days after the date of the members death. (3) An allowance may be paid under paragraph (2) to the spouse of the deceased member even though the spouse is also a member of the uniformed services. The allowance paid under such paragraph is in addition to any other pay and allowances to which the spouse is entitled as a member. (4) The payment of the allowance under paragraph (2) shall terminate 365 days after the date of the members death. (m)  Temporary Continuation of Rate of Basic Allowance for Members of the Armed Forces Whose Sole Dependent Dies While Residing With the Member (1) Notwithstanding subsection (a)(2) or any other section of law, the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating, may, after the death of the sole dependent of a member of the armed forces, continue to pay a basic allowance for housing to such member at the rate paid to such member on the date of such death if (A) such sole dependent dies (i) while the member is on active duty; and (ii) while residing with the member, unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe; and (B) the member is not occupying a housing facility under the jurisdiction of the Secretary concerned on the date of the death of the sole dependent. (2) The continuation of the rate of an allowance under this subsection shall terminate upon the earlier of the following to occur: (A) The day that is one year after the date of the death of the sole dependent. (B) The permanent change of station, or permanent change of assignment with movement of personal property and household goods under section 453(c) of this title (n)  Members Paying Child Support (1) A member of a uniformed service with dependents may not be paid a basic allowance for housing at the with dependents rate solely by reason of the payment of child support by the member if (A) the member is assigned to a housing facility under the jurisdiction of a uniformed service; or (B) the member is assigned to sea duty, and elects not to occupy assigned quarters for unaccompanied personnel, unless the member is in a pay grade above E3. (2) A member of a uniformed service assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service who is not otherwise authorized a basic allowance for housing and who pays child support is entitled to the basic allowance for housing differential, except for months for which the amount payable for the child support is less than the rate of the differential. Payment of a basic allowance for housing differential does not affect any entitlement of the member to a partial allowance for quarters under subsection (n). (3) The basic allowance for housing differential to which a member is entitled under paragraph (2) is the amount equal to the difference between (A) the rate of the basic allowance for quarters (with dependents) for the members pay grade, as such rate was in effect on December 31, 1997 (B) the rate of the basic allowance for quarters (without dependents) for the members pay grade, as such rate was in effect on December 31, 1997 (4) Whenever the rates of basic pay for members of the uniformed services are increased, the monthly amount of the basic allowance for housing differential computed under paragraph (3) shall be increased by the average percentage increase in the rates of basic pay. The effective date of the increase shall be the same date as the effective date of the increase in the rates of basic pay. (5) In the case of two members, who have one or more common dependents (and no others), who are not married to each other, and one of whom pays child support to the other, the amount of the basic allowance for housing paid to each member under this section shall be reduced in accordance with regulations prescribed by the Secretary of Defense. The total amount of the basic allowances for housing paid to the two members may not exceed the sum of the amounts of the allowance to which each member would be otherwise entitled under this section. (o)  Partial Allowance for Members Without Dependents (1) A member of a uniformed service without dependents who is not entitled to receive a basic allowance for housing under subsection (b), (c), or (d) is entitled to a partial basic allowance for housing at a rate determined by the Secretary of Defense under paragraph (2). (2) The rate of the partial basic allowance for housing is the partial rate of the basic allowance for quarters for the members pay grade as such partial rate was in effect on December 31, 1997 section 1009(c)(2) of this title (p)  Treatment of Certain Moves as Not Being Reassignments (1) In the case of a member who is assigned to duty at a location or under circumstances that make it necessary for the member to be reassigned under the conditions of low-cost or no-cost permanent change of station or permanent change of assignment, the member may be treated for the purposes of this section as if the member were not reassigned if the Secretary concerned determines that it would be inequitable to base the members entitlement to, and amount of, a basic allowance for housing on the cost of housing in the area to which the member is reassigned. (2) (A) In the case of a member without dependents who is assigned to a unit that undergoes a change of home port or a change of permanent duty station, if the Secretary concerned determines that it would be inequitable to base the members entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station, the Secretary concerned may (i) waive the requirement to base the members entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station member; and (ii) treat that member for the purposes of this section as if the unit to which the member is assigned did not undergo such a change. (B) The Secretary concerned may grant a waiver under subparagraph (A) to not more than 100 members in a calendar year. (C) Not later than March 1 of each calendar year, the Secretary concerned shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the use of the authority provided by subparagraph (A) during the preceding calendar year that includes (i) the number of members granted a waiver under subparagraph (A) during that year; and (ii) for each such waiver, an identification of (I) the grade of the member; (II) the home port or permanent duty station of the unit to which the member is assigned before the change described in subparagraph (A); and (III) the new home port or permanent duty station of that unit. (D) This paragraph shall cease to be effective on December 31, 2027 (q)  Information on Rights and Protections Under Servicemembers Civil Relief Act The Secretary concerned shall provide to each member of a uniformed service who receives a basic allowance for housing under this section information on the rights and protections available to such member under the Servicemembers Civil Relief Act ( 50 U.S.C. 3901 (1) when such member first receives such basic allowance for housing; and (2) each time such member receives a permanent change of station. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 470 Pub. L. 88132,  10 Oct. 2, 1963 77 Stat. 216 Pub. L. 89718 Nov. 2, 1966 80 Stat. 1121 Pub. L. 90207,  1(3) Dec. 16, 1967 81 Stat. 651 Pub. L. 92129, title II,  204 Sept. 28, 1971 85 Stat. 358 Pub. L. 9364, title I,  105 July 9, 1973 87 Stat. 148 Pub. L. 93419,  3(6) Sept. 19, 1974 88 Stat. 1152 Pub. L. 96343,  4(a)(1) Sept. 8, 1980 94 Stat. 1125 Pub. L. 96513, title V,  516(10) Dec. 12, 1980 94 Stat. 2938 Pub. L. 96579 Dec. 23, 1980 94 Stat. 3367 Pub. L. 9722,  11(b)(2) July 10, 1981 95 Stat. 138 Pub. L. 9894, title IX,  907(a) Sept. 24, 1983 97 Stat. 637 Pub. L. 98525, title VI Oct. 19, 1984 98 Stat. 2534 Pub. L. 99145, title VI Nov. 8, 1985 99 Stat. 638 Pub. L. 99227,  1 Dec. 28, 1985 99 Stat. 1745 Pub. L. 10026,  8(d)(5) Apr. 21, 1987 101 Stat. 285 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102190, div. A, title VI Dec. 5, 1991 105 Stat. 1373 Pub. L. 103337, div. A, title VI,  604(a) Oct. 5, 1994 108 Stat. 2782 Pub. L. 104106, div. A, title VI Feb. 10, 1996 110 Stat. 357 Pub. L. 104201, div. A, title VI Sept. 23, 1996 110 Stat. 2540 Pub. L. 10585, div. A, title VI,  603(a) Nov. 18, 1997 111 Stat. 1775 Pub. L. 105261, div. A, title VI,  603(a) Oct. 17, 1998 112 Stat. 2037 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  605(a) Dec. 28, 2001 115 Stat. 1134 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI,  602 Dec. 2, 2002 116 Stat. 2566 Pub. L. 108136, div. A, title VI,  605(a) Nov. 24, 2003 117 Stat. 1500 Pub. L. 108375, div. A, title VI Oct. 28, 2004 118 Stat. 1944 Pub. L. 10913, div. A, title I,  1022(a) May 11, 2005 119 Stat. 251 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3289 Pub. L. 109364, div. A, title VI Oct. 17, 2006 120 Stat. 2245 Pub. L. 110181, div. A, title VI Jan. 28, 2008 122 Stat. 145 Pub. L. 11281, div. A, title VI Dec. 31, 2011 125 Stat. 1447 Pub. L. 112239, div. A, title VI Jan. 2, 2013 126 Stat. 1773 Pub. L. 11366, div. A, title VI,  601 Dec. 26, 2013 127 Stat. 779 Pub. L. 113291, div. A, title VI Dec. 19, 2014 128 Stat. 3397 Pub. L. 11492, div. A, title VI Nov. 25, 2015 129 Stat. 837 Pub. L. 114328, div. A, title VI,  603 Dec. 23, 2016 130 Stat. 2156 Pub. L. 11591, div. A, title VI,  605 Dec. 12, 2017 131 Stat. 1421 Pub. L. 115232, div. A, title VI,  611(e) Aug. 13, 2018 132 Stat. 1797 Pub. L. 11692, div. A, title VI Dec. 20, 2019 133 Stat. 1424 Pub. L. 116283, div. A, title VI Jan. 1, 2021 134 Stat. 3671 Pub. L. 11781, div. A, title VI,  611(e) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI Dec. 23, 2022 136 Stat. 2620        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  403(a)  403(b) 403(c) 403(d) 37:252(a). 37:252(f). 37:252(b). 37:252(c). 37:252(d). Oct. 12, 1949, ch. 681,  302(a) 63 Stat. 812 May 19, 1952, ch. 310,  1(b) 66 Stat. 79 May 20, 1958 Pub. L. 85422,  1(9) 72 Stat. 127 403(e) 37:111a. July 2, 1945, ch. 227 59 Stat. 316 403(f) 403(g) 37:320. 37:252(e). June 29, 1950, ch. 405,  102 64 Stat. 288 In subsection (a), the words at the following monthly rates are substituted for the words in such amount and under such circumstances as are provided in this section. Section 252(f) (words before table) of existing title 37 is omitted as surplusage. In subsections (b), (d), and (e), the words United States are substituted for the word Government. In subsection (c), the words a period are substituted for the words temporary periods. In subsection (e), the words member and members are substituted for the word personnel. In subsection (f), the words may be used are substituted for the words shall be available. The words for any periods after June 29, 1950 In subsection (g), the word including is substituted for the words and such regulations shall include, but not be limited to. Editorial Notes  References in Text The Servicemembers Civil Relief Act, referred to in subsec. (q), is act Oct. 17, 1940, ch. 888 54 Stat. 1178 section 3901 of Title 50 Amendments 2022Subsec. (b)(7)(E). Pub. L. 117263,  601(e)(1) December 31, 2023 December 31, 2022 Subsec. (b)(8)(C). Pub. L. 117263,  612 Pub. L. 117263,  601(e)(2) Pub. L. 117263,  601(e)(2) December 31, 2023 September 30, 2022 Subsec. (d)(2)(A). Pub. L. 117263,  626(h)(1)(A) Subsec. (g)(2). Pub. L. 117263,  626(h)(1)(B)(i) Subsec. (g)(3). Pub. L. 117263,  626(h)(1)(B)(ii) Subsec. (m) to ( o Pub. L. 117263,  613(a) o o Subsec. (p). Pub. L. 117263 o Subsec. (q). Pub. L. 117263,  613(a) 2021Subsec. (b)(7)(E). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283,  611(e) December 31, 2021 December 31, 2020 Subsec. (p). Pub. L. 116283,  603 2019Subsec. (b)(7)(E). Pub. L. 11692,  611(e) December 31, 2020 December 31, 2019 Subsec. (b)(8). Pub. L. 11692,  605 2018Subsec. (b)(7)(E). Pub. L. 115232 December 31, 2019 December 31, 2018 2017Subsec. (b)(7)(E). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (b)(7)(E). Pub. L. 114328 December 31, 2017 December 31, 2016 2015Subsec. (b)(3)(B). Pub. L. 11492,  603 Subsec. (b)(7)(E). Pub. L. 11492,  604 December 31, 2016 December 31, 2015 2014Subsec. (b)(3). Pub. L. 113291,  604(a) Subsec. (b)(7)(E). Pub. L. 113291,  602 December 31, 2015 December 31, 2014 2013Subsec. (b)(7)(E). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239,  602 December 31, 2013 December 31, 2012 Subsec. (d)(2)(A). Pub. L. 112239,  1076(a)(9) Pub. L. 11281,  631(f)(4)(A) Subsec. (f)(2)(C). Pub. L. 112239,  603(a) section 421 of this title Subsec. (g)(2), (3). Pub. L. 112239,  1076(a)(9) Pub. L. 11281,  631(f)(4)(A) Subsec. (g)(6). Pub. L. 112239,  604(a) 2011Subsec. (b)(7)(E). Pub. L. 11281,  601 December 31, 2012 December 31, 2009 Subsec. (d)(2)(A). Pub. L. 11281,  631(f)(4)(A) Pub. L. 112239,  1076(a)(9) Subsec. (g)(2). Pub. L. 11281,  631(f)(4)(A) Pub. L. 112239,  1076(a)(9) Subsec. (g)(3). Pub. L. 11281,  631(f)(4)(A) Pub. L. 112239,  1076(a)(9) 2008Subsec. (b)(7)(E). Pub. L. 110181,  603(b) December 31, 2009 December 31, 2008 Subsec. (g)(1). Pub. L. 110181,  602(a) 2006Subsec. (b)(7). Pub. L. 109163,  609(a) Subsec. (g)(1). Pub. L. 109163,  610(b) Subsec. (g)(2). Pub. L. 109364,  604(a)(2) Subsec. (g)(3). Pub. L. 109364,  604(a)(1) Pub. L. 109163,  610(a)(2) Subsec. (g)(4). Pub. L. 109364,  604(a)(1) Pub. L. 109163,  610(a)(1) Subsec. (g)(5). Pub. L. 109364,  604(a)(1) Subsec. ( l Pub. L. 109163,  611 Subsec. ( l Pub. L. 109364,  605(a) 2005Subsec. ( l Pub. L. 10913,  1022 2004Subsec. (d). Pub. L. 108375,  604(1) Do Not Are Unable To Subsec. (d)(1). Pub. L. 108375,  603(1) Subsec. (d)(3)(C). Pub. L. 108375,  604(2) Subsec. (d)(4). Pub. L. 108375,  603(2) 2003Subsec. (f)(2)(C). Pub. L. 108136 2002Subsec. (b)(7). Pub. L. 107314,  602(1) o Subsecs. (f)(3), ( l Pub. L. 107296 Subsec. ( o Pub. L. 107314 o 2001Subsec. (i). Pub. L. 107107 2000Subsec. (b)(1). Pub. L. 106398,  1 [[div. A] Subsec. (b)(2). Pub. L. 106398,  1 [[div. A] June 30, 2001 Pub. L. 106398,  1 [[div. A] (A) the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member; and (B) 15 percent of the national average monthly cost of adequate housing in the United States, as determined by the Secretary, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member. Subsec. (b)(3). Pub. L. 106398,  1 [[div. A] (A) the total amount authorized to be paid for such allowance for the preceding fiscal year (as adjusted under paragraph (5)); and (B) a fraction (i) the numerator of which is the index of the national average monthly cost of housing for June of the preceding fiscal year; and (ii) the denominator of which is the index of the national average monthly cost of housing for June of the fiscal year before the preceding fiscal year. Subsec. (b)(5). Pub. L. 106398,  1 [[div. A] Pub. L. 106398,  1 [[div. A] Subsec. (b)(6). Pub. L. 106398,  1 [[div. A] Subsec. (b)(7). Pub. L. 106398,  1 [[div. A] Subsec. (d)(3). Pub. L. 106398,  1 [[div. A] Subsec. (f)(2)(B). Pub. L. 106398,  1 [[div. A] Subsec. (f)(3). Pub. L. 106398,  1 [[div. A] Subsec. (m)(1)(B). Pub. L. 106398,  1 [[div. A] 1998Subsec. (c)(3). Pub. L. 105261 1997 Pub. L. 10585 1996Subsec. (b). Pub. L. 104106,  603(a) Subsec. (b)(3). Pub. L. 104201,  605 Subsec. (c)(2). Pub. L. 104201,  604(a) Pub. L. 104106,  604(a) 1994Subsec. ( l Pub. L. 103337 1991Subsec. (a). Pub. L. 102190,  604(a)(1) Subsec. (b). Pub. L. 10225,  702(b)(1) Subsec. (d). Pub. L. 102190,  632(a) Subsec. (j)(1). Pub. L. 102190,  604(a)(2) Subsec. (j)(2). Pub. L. 10225,  702(b)(1) Subsec. (m). Pub. L. 102190,  602(a) 1987Subsec. ( l Pub. L. 10026 1985Subsec. (a). Pub. L. 99145,  1303(b)(6) Pub. L. 99145,  604(a) Subsec. (c)(1). Pub. L. 99145,  605(a)(1) Subsec. (c)(2). Pub. L. 99145,  605(a)(2) Subsec. (c)(3). Pub. L. 99145,  605(a)(3) Subsec. (k). Pub. L. 99145,  809(b) Subsec. ( l Pub. L. 99227 l 1984 Pub. L. 98525,  602(c)(2) Subsec. (a). Pub. L. 98525,  602(c)(1) Subsec. (j)(2). Pub. L. 98525,  604(a) 1983Subsec. (a)(2)(A), (D). Pub. L. 9894 1981Subsec. (b). Pub. L. 9722 1980 Pub. L. 96343,  4(a)(2) Subsec. (a). Pub. L. 96343,  4(a)(1) Subsec. (b). Pub. L. 96579,  6(a)(1) Subsec. (c). Pub. L. 96579,  6(b) Subsec. (e). Pub. L. 96513,  516(10)(A) Subsec. (j). Pub. L. 96579,  6(c) Pub. L. 96513,  516(10)(B) Subsec. (k). Pub. L. 96579,  7 1974Subsec. (a). Pub. L. 93419 section 1009 of this title 1973Subsec. (a). Pub. L. 9364,  105(1)      E4 $81.60 $121.50 E3 72.30 105.00 E2 63.90 105.00 E1 60.00 105.00 for former provisions reading: E4 (over 4 years service) 81.60 121.50 E4 (4 years or less service) 45.00 45.00 E3 45.00 45.00 E2 45.00 45.00 E1 45.00 45.00 and struck out A member in pay grade E4 (less than four years service), E3, E2, or E1 is considered at all times to be without dependents. Subsec. (b). Pub. L. 9364,  105(3) Subsecs. (g) to (j). Pub. L. 9364,  105(4) 1971Subsec. (a). Pub. L. 92129     Pay grade Without dependents With dependents  O10 $160.20 $201.00 O9 160.20 201.00 O8 160.20 201.00 O7 160.20 201.00 O6 140.10 170.10 O5 130.20 157.50 O4 120.00 145.05 O3 105.00 130.05 O2 95.10 120.00 O1 85.20 110.10 W4 120.00 145.05 W3 105.00 130.05 W2 95.10 120.00 W1 85.20 110.10 E9 85.20 120.00 E8 85.20 120.00 E7 75.00 114.90 E6 70.20 110.10 E5 70.20 105.00 E4 (over 4 years service) 70.20 105.00 E4 (4 years or less service) 45.00 45.00 E3 45.00 45.00 E2 45.00 45.00 E1 45.00 45.00 1967Subsec. (f). Pub. L. 90207 1966Subsec. (a). Pub. L. 89718     Pay grade Without dependents With dependents  O10 $171.00 $136.80 O9 171.00 136.80 O8 171.00 136.80 O7 171.00 136.80 O6 136.80 119.70 O5 136.80 102.60 O4 119.70 94.20 O3 102.60 85.50 O2 94.20 77.10 O1 85.50 68.40 W4 119.70 94.20 W3 102.60 85.50 W2 94.20 77.10 W1 85.50 68.40 E9 67.50 45.00 E8 67.50 45.00 E7 67.50 45.00 E6 67.50 45.00 E5 67.50 45.00 E4 (7 or more years service creditable under section 205) 67.50 45.00 E4 (less than 7 years service creditable under section 205) 45.00 45.00 E3 45.00 45.00 E2 45.00 45.00 E1 45.00 45.00 Subsec. (e). Pub. L. 89718 1963Subsec. (b). Pub. L. 88132 Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 112239, div. A, title VI,  603(b) Jan. 2, 2013 126 Stat. 1773 The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2013 Pub. L. 112239, div. A, title X,  1076(a) Jan. 2, 2013 126 Stat. 1947 Dec. 31, 2011 Pub. L. 11281 Effective Date of 2008 Amendment Pub. L. 110181, div. A, title VI,  602(b) Jan. 28, 2008 122 Stat. 145 The amendments made by subsection (a) [amending this section] shall apply with respect to months beginning on or after the date of the enactment of this Act [ Jan. 28, 2008 Effective Date of 2006 Amendment Pub. L. 109364, div. A, title VI,  604(b) Oct. 17, 2006 120 Stat. 2246 Paragraph (2) of section 403(g) of title 37 October 1, 2006 Pub. L. 109364, div. A, title VI,  605(b) Oct. 17, 2006 120 Stat. 2246  (1)  General rule The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2006 (2)  Transitional rule After October 1, 2006 l Pub. L. 109163, div. A, title VI,  609(c) Jan. 6, 2006 119 Stat. 3290 The amendments made by this section [amending this section and section 404a of this title September 1, 2005 Pub. L. 109163, div. A, title VI,  611 Jan. 6, 2006 119 Stat. 3290 section 1022(b) of Pub. L. 10913 section 124 of Pub. L. 109177 section 1022(a) of Pub. L. 10913 Effective and Termination Dates of 2005 Amendment Pub. L. 10977,  124 Sept. 30, 2005 119 Stat. 2041 The amendment made by section 1022 of Public Law 10913 Dec. 31, 2005 Pub. L. 10913, div. A, title I,  1022(b) May 11, 2005 119 Stat. 251 The amendment made by this section [amending this section] shall terminate on September 30, 2005 October 1, 2005 l May 11, 2005 Effective Date of 2003 Amendment Pub. L. 108136, div. A, title VI,  605(b) Nov. 24, 2003 117 Stat. 1500 The amendments made by subsection (a) [amending this section] shall take effect as of October 1, 2003 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 2001 Amendment Pub. L. 107107, div. A, title VI,  605(b) Dec. 28, 2001 115 Stat. 1134 The amendment made by this section [amending this section] shall take effect on January 1, 2003 Effective Date of 2000 Amendment Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654  (1) The amendments made by this section [amending this section and provisions set out as a note below] shall take effect on October 1, 2000 (2) In the case of the amendment made by subsection (c)(2) [amending this section], the amendment shall apply with respect to pay periods beginning on and after October 1, 2000 (3) In the case of the amendment made by subsection (d) [amending this section], the amendment shall apply with respect to pay periods beginning on and after October 1, 2000 Effective Date of 1998 Amendment Pub. L. 105261, div. A, title VI,  603(c) Oct. 17, 1998 112 Stat. 2037 The reimbursement authority provided by section 403(c)(3)(B) of title 37 July 1, 1997 Effective Date of 1997 Amendment Amendment by Pub. L. 10585 Jan. 1, 1998 section 603(e) of Pub. L. 10585 section 5561 of Title 5 Effective Date of 1996 Amendment Pub. L. 104201, div. A, title VI,  604(e) Sept. 23, 1996 110 Stat. 2541 The amendments made by this section [amending this section and section 403a of this title July 1, 1997 Pub. L. 104106, div. A, title VI,  603(b) Feb. 10, 1996 110 Stat. 358 The amendments made by this section [amending this section] shall take effect on July 1, 1996 Pub. L. 104106, div. A, title VI,  604(b) Feb. 10, 1996 110 Stat. 358 The amendments made by this section [amending this section] shall take effect on July 1, 1996 Effective Date of 1994 Amendment Pub. L. 103337, div. A, title VI,  604(c) Oct. 5, 1994 108 Stat. 2782 The amendments made by this section [amending this section] shall take effect as of October 1, 1993 Effective Date of 1991 Amendment Pub. L. 102190, div. A, title VI,  604(c) Dec. 5, 1991 105 Stat. 1374 The amendments made by this section [amending this section and section 403a of this title Dec. 5, 1991 Pub. L. 102190, div. A, title VI,  632(b) Dec. 5, 1991 105 Stat. 1380 The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [ Dec. 5, 1991 Effective Date of 1985 Amendment Pub. L. 99227,  2 Dec. 28, 1985 99 Stat. 1745 The amendments made by section 1 of this Act [amending this section] shall take effect December 12, 1985 Pub. L. 99145, title VI,  604(c) Nov. 8, 1985 99 Stat. 638 The amendments made by this section [amending this section and section 403a of this title October 1, 1985 Pub. L. 99145, title VI,  605(b) Nov. 8, 1985 99 Stat. 638  (1) The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect on October 1, 1985 (2) The amendment made by paragraph (3) of subsection (a) [amending this section] shall take effect on January 1, 1986 Amendment by section 809(b) of Pub. L. 99145 Oct. 1, 1985 section 813 of Pub. L. 99145 section 113 of Title 10 Effective Date of 1984 Amendment Pub. L. 98525, title VI,  602(f) Oct. 19, 1984 98 Stat. 2536 Pub. L. 99145, title VI,  603(b) Nov. 8, 1985 99 Stat. 637 Pub. L. 99661, div. A, title XIII,  1342(b) Nov. 14, 1986 100 Stat. 3991 Pub. L. 11281, div. A, title VI,  631(f)(4)(B) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  (1) Except as provided in paragraph (2), the amendments made by this section [enacting section 403a of this title section 405 of this title section 7572 of Title 10 January 1, 1985 (2) (A) A member shall be entitled to receive a station housing allowance under section 475 [now 405] of title 37, United States Code, as if the amendments made by subsection (e) [amending section 405 of this title Nov. 8, 1985 (i) is assigned to a permanent duty station in Alaska or Hawaii; and (ii) is entitled to payment of a temporary lodging allowance or a station housing allowance under section 475 [now 405] of such title. (B) A member who is entitled to a station housing allowance by reason of subparagraph (A) shall only be entitled to such allowance until the earlier of (i) the date on which the member changes residence in conjunction with a permanent change of duty station; or (ii) the expiration of the four-year period beginning on the date of the enactment of the Department of Defense Authorization Act, 1986 [ Nov. 8, 1985 (C) A member who is entitled to a station housing allowance by reason of subparagraph (A) shall not be entitled to a variable housing allowance, except that such a member serving an unaccompanied tour of duty in Alaska or Hawaii may be paid a variable housing allowance based on the residence of the members dependents in another State. (3) For the period beginning on January 1, 1985 September 30, 1985 section 403a of title 37 October 1, 1984 [Amendment of this note by Pub. L. 99661 Nov. 14, 1986 section 1342(h)(1) of Pub. L. 99661 section 301 of this title Pub. L. 98525, title VI,  604(b) Oct. 19, 1984 98 Stat. 2537 The amendment made by subsection (a) [amending this section] shall apply only with respect to members making an election under section 403(b) of title 37 September 30, 1984 Effective Date of 1983 Amendment Pub. L. 9894, title IX,  907(b) Sept. 24, 1983 97 Stat. 637 The amendments made by subsection (a) [amending this section] shall apply only with respect to members called or ordered to active duty after September 30, 1983 Effective Date of 1981 Amendment Pub. L. 9722,  11(b)(2) July 10, 1981 95 Stat. 138 Oct. 1, 1980 Effective Date of 1980 Amendment Pub. L. 96579,  6(d) Dec. 23, 1980 94 Stat. 3368 The amendments made by this section [amending this section] shall only apply to payment of basic allowance for quarters for months after September 1980. Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Pub. L. 96343,  4(b) Sept. 8, 1980 94 Stat. 1125 Paragraph (2) of section 403(a) of title 37 September 30, 1981 Effective Date of 1974 Amendment Amendment by Pub. L. 93419 Sept. 19, 1974 section 9 of Pub. L. 93419 section 1009 of this title Effective Date of 1973 Amendment Amendment by Pub. L. 9364 July 1, 1973 section 206 of Pub. L. 9364 section 401 of this title Effective Date of 1971 Amendment Amendment by Pub. L. 92129 Oct. 1, 1971 section 209 of Pub. L. 92129 section 302a of this title Effective Date of 1967 Amendment Amendment by Pub. L. 90207 Oct. 1, 1967 section 7 of Pub. L. 90207 section 203 of this title Effective Date of 1963 Amendment Amendment by Pub. L. 88132 Oct. 1, 1963 section 14 of Pub. L. 88132 section 201 of this title  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Special Rule Pub. L. 113291, div. A, title VI,  604(b) Dec. 19, 2014 128 Stat. 3399 section 403(b)(3) of this title Pub. L. 113291 Dec. 19, 2014 Pub. L. 11548, title V,  501(a) Aug. 16, 2017 131 Stat. 996 [ Pub. L. 11548, title V,  501(b) Aug. 16, 2017 131 Stat. 996 The amendment made by subsection (a) [repealing section 604(b) of Pub. L. 113291 January 1, 2018 Transitional Provisions Pub. L. 112239, div. A, title VI,  604(b) Jan. 2, 2013 126 Stat. 1774 Pub. L. 113291, div. A, title X,  1071(h) Dec. 19, 2014 128 Stat. 3512  (1)  In general The basic allowance for housing paid to a member of a reserve component described in subparagraph (A) of paragraph (6) of section 403(g) of title 37 January 2, 2013 (2)  Alternative rate The Secretary of a military department, with the approval of the Secretary of Defense, may pay a member covered by paragraph (1) and under the jurisdiction of that Secretary a basic allowance for housing at a rate higher than the rate provided under such paragraph to ensure that the member is treated fairly and equitably or to serve the best interests of the United States. [ Pub. L. 113291, div. A, title X,  1071(h) Dec. 19, 2014 128 Stat. 3512 section 604(b) of Pub. L. 112239 Jan. 2, 2013 Pub. L. 112239 Minimum Rates of Basic Allowance; Annual Limitation Pub. L. 106246, div. B, title I,  101(a) July 13, 2000 114 Stat. 528  (a)  Minimum Rates of Basic Allowance for Housing for Members of the Uniformed Services During the period beginning on January 1, 2000 September 30, 2001 December 31, 1999 (b)  Annual Limitation on Allowance In light of the rates for the basic allowance for housing authorized by subsection (a), the Secretary of Defense may exceed the limitation on the total amount paid during fiscal year 2000 and 2001 for the basic allowance for housing in the United States otherwise applicable under section 403(b)(3) of title 37 Transition to Basic Allowance for Housing Pub. L. 10585, div. A, title VI,  603(b) Nov. 18, 1997 111 Stat. 1781 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 11281, div. A, title VI,  631(f)(4)(B) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 The Secretary of Defense shall develop and implement a plan to incrementally manage the rate of growth of the various components of the basic allowance for housing authorized by section 403 of title 37 Nov. 18, 1997 Exception to Limitation on Amount of Basic Allowance for Quarters for Members Receiving Allowance Due to Payment of Child Support Pub. L. 102190, div. A, title VI,  602(b) Dec. 5, 1991 105 Stat. 1373 section 602(a) of Pub. L. 102190 Dec. 5, 1991 Active Duty in Connection With Operation Desert Storm Pub. L. 10225, title III,  310A Apr. 6, 1991 105 Stat. 84 Aug. 2, 1990 Increase in Basic Allowance for Quarters Effective January 1, 1989 Pub. L. 100456, div. A, title VI,  601(c) Sept. 29, 1988 102 Stat. 1976 Jan. 1, 1989 Minimum Rate of Quarters Allowance Set at Rate as of December 31, 1984 Pub. L. 99190,  101(b) [title VIII,  8088] Dec. 19, 1985 99 Stat. 1185 Jan. 1, 1985 Dec. 31, 1984 Dec. 31, 1984 Basic Allowance for Quarters and Variable Housing Allowance Pub. L. 98525, title VI,  602(a) Oct. 19, 1984 98 Stat. 2533 Pub. L. 99661, div. A, title XIII,  1341(a) Nov. 14, 1986 100 Stat. 3990 Jan. 1, 1985 Jan. 1, 1985 Jan. 1, 1985 Dec. 31, 1984 Dec. 31, 1984 Freeze of Variable Housing Allowance at Fiscal Year 1983 Rates Pub. L. 9894, title IX,  906 Sept. 24, 1983 97 Stat. 637 Pub. L. 98525, title VI,  602(b)(2) Oct. 19, 1984 98 Stat. 2534 Oct. 1, 1983 Jan. 1, 1985 Sept. 30, 1983 Variable Housing Allowance During Fiscal Year 1981; Amount; Regulations Pub. L. 96343,  4(c) Sept. 8, 1980 94 Stat. 1125 Pay Continuation Amendment of this section by Pub. L. 92129 June 30, 1971 section 210 of Pub. L. 92129 section 203 of this title 1962 Increase in Quarters Allowance Act Oct. 12, 1949, ch. 681, title III,  302(f) 63 Stat. 812 Pub. L. 87531,  1 July 10, 1962 76 Stat. 152 section 75(5) of Pub. L. 89718 November 2, 1966 Pub. L. 89718 Enlisted Members Without Dependents Act Oct. 12, 1949, ch. 681, title III 63 Stat. 812 Pub. L. 87531,  2 July 10, 1962 76 Stat. 152 Jan. 9, 1962 Pub. L. 87649 Pub. L. 87649 section 12(a) of Pub. L. 87649 section 101 of this title Authority of Secretaries With Respect to Payment of Quarters Allowances Pub. L. 87531,  5 July 10, 1962 76 Stat. 153 The Secretaries of the departments concerned shall have the same authority with respect to payments of quarters allowances to enlisted members of the uniformed services to pay grades E4 (over 4 years service) through E9 that they have with respect to enlisted members of the uniformed services in pay grades E1, E2, E3, and E4 (4 years or less service) under sections 10 and 11 of the Dependents Assistance Act of 1950 ([former] 50 App. U.S.C. 2210, 2211). Executive Documents  Transfer of Functions Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966 80 Stat. 1610 section 3508(b) of Title 20  Executive Order No. 10204 Ex. Ord. No. 10204, Jan. 16, 1951 Oct. 2, 1963 Mar. 13, 1964 June 22, 1964 section 301 of this title  403a. Housing treatment for certain members of the armed forces, and their spouses and other dependents, undergoing a permanent change of station within the United States (a)  Housing Treatment for Certain Members Who Have a Spouse or Other Dependents. (1)  Housing treatment regulations The Secretary of Defense shall prescribe regulations that permit a member of the armed forces described in paragraph (2) who is undergoing a permanent change of station within the United States to request the housing treatment described in subsection (b) during the covered relocation period of the member. (2)  Eligible members A member described in this paragraph is any member who (A) has a spouse who is gainfully employed or enrolled in a degree, certificate or license granting program at the beginning of the covered relocation period; (B) has one or more dependents attending an elementary or secondary school at the beginning of the covered relocation period; (C) has one or more dependents enrolled in the Exceptional Family Member Program; or (D) is caring for an immediate family member with a chronic or long-term illness at the beginning of the covered relocation period. (b)  Housing Treatment. (1)  Continuation of housing for the spouse and other dependents If a spouse or other dependent of a member whose request under subsection (a) is approved resides in Government-owned or Government-leased housing at the beginning of the covered relocation period, the spouse or other dependent may continue to reside in such housing during a period determined in accordance with the regulations prescribed pursuant to this section. (2)  Early housing eligibility If a spouse or other dependent of a member whose request under subsection (a) is approved is eligible to reside in Government-owned or Government-leased housing following the members permanent change of station within the United States, the spouse or other dependent may commence residing in such housing at any time during the covered relocation period. (3)  Temporary use of government-owned or government-leased housing intended for members without a spouse or dependent If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the member may be assigned to Government-owned or Government-leased housing intended for the permanent housing of members without a spouse or dependent until the members detachment date or the spouse or other dependents arrival date, but only if such Government-owned or Government-leased housing is available without displacing a member without a spouse or dependent at such housing. (4)  Equitable basic allowance for housing If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the amount of basic allowance for housing payable may be based on whichever of the following areas the Secretary concerned determines to be the most equitable: (A) The area of the duty station to which the member is reassigned. (B) The area in which the spouse or other dependent resides, but only if the spouse or other dependent resides in that area when the member departs for the duty station to which the member is reassigned, and only for the period during which the spouse or other dependent resides in that area. (C) The area of the former duty station of the member, but only if that area is different from the area in which the spouse or other dependent resides. (c)  Rule of Construction Related to Certain Basic Allowance for Housing Payments Nothing in this section shall be construed to limit the payment or the amount of basic allowance for housing payable under section 403(d)(3)(A) of this title (d)  Housing Treatment Education The regulations prescribed pursuant to this section shall ensure the relocation assistance programs under section 1056 of title 10 (e)  Definitions In this section: (1)  Covered relocation period (A) Subject to subparagraph (B), the term covered relocation period, when used with respect to a permanent change of station of a member of the armed forces, means the period that (i) begins 180 days before the date of the permanent change of station; and (ii) ends 180 days after the date of the permanent change of station. (B) The regulations prescribed pursuant to this section may provide for a shortening or lengthening of the covered relocation period of a member for purposes of this section. (2)  Dependent The term dependent has the meaning given that term in section 401 of this title (3)  Permanent change of station The term permanent change of station means a permanent change of station described in section 452(b)(2) of this title (Added Pub. L. 11591, div. A, title VI,  604(a)(1) Dec. 12, 2017 131 Stat. 1419  Editorial Notes Prior Provisions A prior section 403a, added Pub. L. 98525, title VI,  602(d)(1) Oct. 19, 1984 98 Stat. 2534 Pub. L. 99145, title VI Nov. 8, 1985 99 Stat. 636638 Pub. L. 10026,  8(e)(8) Apr. 21, 1987 101 Stat. 286 Pub. L. 101189, div. A, title VI,  602(a) Nov. 29, 1989 103 Stat. 1445 Pub. L. 101510, div. A, title VI,  602 Nov. 5, 1990 104 Stat. 1575 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102190, div. A, title VI Dec. 5, 1991 105 Stat. 1373 Pub. L. 103160, div. A, title VI,  604 Nov. 30, 1993 107 Stat. 1679 Pub. L. 104106, div. A, title VI,  605(a)(1) Feb. 10, 1996 110 Stat. 358 Pub. L. 104201, div. A, title VI Sept. 23, 1996 110 Stat. 2541 Pub. L. 10585, div. A, title VI,  603(c)(1) Nov. 18, 1997 111 Stat. 1781 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 11591, div. A, title VI,  604(b) Dec. 12, 2017 131 Stat. 1420 The amendments made by this section [enacting this section] shall take effect on October 1, 2018  403b. Cost-of-living allowance in the continental United States (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 members duty location or other circumstances; and (B) it would be inequitable for the members 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 8 percent. The administering Secretaries shall 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 members 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 members 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 itemsUnited 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. 103337, div. A, title VI,  602(a)(1) Oct. 5, 1994 108 Stat. 2779 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title VI,  654(b)(2) Dec. 2, 2002 116 Stat. 2582  Editorial Notes Amendments 2002Subsec. (i)(5)(B). Pub. L. 107296 Subsec. (i)(6). Pub. L. 107314 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10  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 section 542 of Title 6 OCONUS Cost of Living Allowance: Adjustments; Notice to Certain Congressional Committees Pub. L. 117263, div. A, title VI,  617 Dec. 23, 2022 136 Stat. 2624  (a)  Adjustments. (1)  Reductions: limitation The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may reduce the cost-of-living allowance for a member of the Armed Forces assigned to a duty station located outside the United States (A) not more than once every six months; or (B) in connection with a permanent change of station for such member. (2)  Increases The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may increase the allowance described in paragraph (1) for a member of the Armed Forces at any time. (b)  Notice The Secretary of Defense shall notify the Committees on Armed Services of the Senate and House of Representatives not less than 180 days before modifying a table used to calculate the living allowance described in subsection (a). (c)  Briefing Not later than March 1, 2023 (1) the determination of the Secretary regarding the effects of this section on the allowance described in subsection (a); (2) an assessment of the representative market basket of goods and services used to determine such allowance, including the methodology to identify such market basket and the frequency with which such allowance is adjusted; and (3) the methodology and process by which surveys regarding such allowance are updated, including the average response rates and the efforts undertaken to ensure a representative sample of beneficiaries are surveyed. Conditions on Provision of Allowance Pub. L. 103337, div. A, title VI,  602(b) Oct. 5, 1994 108 Stat. 2781  (1) A cost-of-living allowance under section 403b of title 37 (2) Before implementing section 403b of title 37 (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 [ 404. Renumbered  474] [ 404a. Renumbered  474a] [ 404b. Renumbered  474b]  405. Travel and transportation allowances: per diem while on duty outside the continental United States (a)  Per Diem Authorized Without regard to the monetary limitation of this title, the Secretary concerned may pay a per diem to a member of the uniformed services who is on duty outside of the continental United States, whether or not the member is in a travel status. The Secretary may pay the per diem in advance of the accrual of the per diem. (b)  Determination of Per Diem In determining the per diem to be paid under this section, the Secretary concerned shall consider all elements of the cost of living to members of the uniformed services under the Secretarys jurisdiction and their dependents, including the cost of quarters, subsistence, and other necessary incidental expenses. However, dependents may not be considered in determining the per diem allowance for a member in a travel status. (c)  Treatment of Housing Cost and Allowance Housing cost and allowance may be disregarded in prescribing a station cost of living allowance under this section. (d)  Unusual or Extraordinary Expenses (1) The Secretary concerned may reimburse a member of the uniformed services on duty as described in subsection (a) or (e) for an unusual or extraordinary expense incurred by the member incident to such duty that (A) is directly related to the conditions or location of the duty or the location of the members dependents; (B) is of a nature or a magnitude not normally incurred by members of the uniformed services on duty inside the continental United States; and (C) is not included in the per diem determined under subsection (b) as payable to the member under subsection (a) or (e). (2) Any reimbursement provided to a member under paragraph (1) is in addition to a per diem payable to that member under subsection (a) or (e). (e)  Payment of Allowance Based on Overseas Location of Dependents In the case of a member assigned to duty inside the continental United States whose dependents continue to reside outside the continental United States, the Secretary concerned may pay the member a per diem under this section based on the location of the dependents and provide reimbursement under subsection (d) for an unusual or extraordinary expense incurred by the dependents if the Secretary determines that such payment or reimbursement is in the best interest of the member or the members dependents and in the best interest of the United States. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 473 Pub. L. 89718,  57 Nov. 2, 1966 80 Stat. 1123 Pub. L. 91486 Oct. 22, 1970 84 Stat. 1085 Pub. L. 96107, title VIII,  807(a) Nov. 9, 1979 93 Stat. 813 Pub. L. 98525, title VI,  602(e) Oct. 19, 1984 98 Stat. 2536 Pub. L. 99145, title XIII,  1303(b)(8) Nov. 8, 1985 99 Stat. 741 Pub. L. 101189, div. A, title VI,  622(a) Nov. 29, 1989 103 Stat. 1446 Pub. L. 103160, div. A, title VI,  622(a) Nov. 30, 1993 107 Stat. 1683 Pub. L. 10585, div. A, title VI,  603(c)(2) Nov. 18, 1997 111 Stat. 1781 Pub. L. 105261, div. A, title VI,  603(b) Oct. 17, 1998 112 Stat. 2037 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 108375, div. A, title VI,  605(a) Oct. 28, 2004 118 Stat. 1945 Pub. L. 109163, div. A, title VI,  612 Jan. 6, 2006 119 Stat. 3291 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 116283, div. A, title VI,  604(a) Jan. 1, 2021 134 Stat. 3672        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  405 37:253(b). Oct. 12, 1949, ch. 681,  303(b) 63 Stat. 814 The words Secretaries concerned are substituted for the words Secretaries of the uniformed services to conform to other subsections of the source statute. The words outside the United States, or in Hawaii or Alaska are substituted for the words outside the continental United States or in Alaska to conform to the definition of United States in section 101(1) of this revised title and to retain the coverage of the source statute. Editorial Notes Prior Provisions A prior section 405 was renumbered section 475 of this title Amendments 2021 Pub. L. 116283,  604(a)(1) section 475 of this title Subsec. (f). Pub. L. 116283,  604(a)(2) 2011 Pub. L. 11281,  631(d)(2) section 405 of this title Subsec. (f). Pub. L. 11281,  631(e)(4) 2006Subsec. (d). Pub. L. 109163,  612(b)(1) Subsec. (d)(1). Pub. L. 109163,  612(b)(1) Subsec. (d)(1)(A). Pub. L. 109163,  612(b)(3)(B) Subsec. (d)(1)(C), (2). Pub. L. 109163,  612(b)(2) Subsec. (e). Pub. L. 109163,  612(a) 2004 Pub. L. 108375,  605(b)(2) Subsec. (a). Pub. L. 108375,  605(b)(1) Subsec. (d). Pub. L. 108375,  605(a) 2000 Pub. L. 106398 1998Subsec. (c). Pub. L. 105261 1997Subsecs. (b) to (d). Pub. L. 10585 1993Subsec. (d). Pub. L. 103160 1989Subsec. (d). Pub. L. 101189 1985 Pub. L. 99145 1984Subsec. (a). Pub. L. 98525,  602(e)(1) Subsec. (b). Pub. L. 98525,  602(e)(2) Subsec. (c). Pub. L. 98525,  602(e)(4) 1979 Pub. L. 96107 1970 Pub. L. 91486 1966 Pub. L. 89718 Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Amendment by Pub. L. 10585 Jan. 1, 1998 section 603(e) of Pub. L. 10585 section 5561 of Title 5 Effective Date of 1993 Amendment Pub. L. 103160, div. A, title VI,  622(b) Nov. 30, 1993 107 Stat. 1683 Pub. L. 11281, div. A, title VI,  631(f)(4)(B) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 The amendment made by subsection (a) [amending this section] shall apply with respect to nonrecurring expenses and currency fluctuation gains described in [former] section 475(d) of title 37 October 1, 1993 Effective Date of 1989 Amendment Pub. L. 101189, div. A, title VI,  622(b) Nov. 29, 1989 103 Stat. 1447 The amendment made by subsection (a) [amending this section] shall apply with respect to expenses incurred after August 31, 1990 Effective Date of 1984 Amendment Amendment by Pub. L. 98525 Jan. 1, 1985 section 602(f) of Pub. L. 98525 section 403 of this title Effective Date of 1979 Amendment Pub. L. 96107, title VIII,  807(b) Nov. 9, 1979 93 Stat. 814 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1979 [ 405a. Renumbered  475a] [ 406. Renumbered  476] [ 406a. Renumbered  476a] [ 406b. Renumbered  476b] [ 406c. Renumbered  476c] [ 407. Renumbered  477] [ 408. Renumbered  478] [ 408a. Renumbered  478a] [ 409. Renumbered  479] [ 410. Renumbered  480] [ 411. Renumbered  481] [ 411a. Renumbered  481a] [ 411b. Renumbered  481b] [ 411c. Renumbered  481c] [ 411d. Renumbered  481d] [ 411e. Renumbered  481e] [ 411f. Renumbered  481f] [ 411g. Repealed. Pub. L. 11281, div. A, title VI,  631(c) Dec. 31, 2011 125 Stat. 1460   Section, added Pub. L. 100180, div. A, title VI,  614(a)(1) Dec. 4, 1987 101 Stat. 1093 Pub. L. 100456, div. A, title VI,  624(a) Sept. 29, 1988 102 Stat. 1984 Pub. L. 101189, div. A, title VI,  653(c)(1) Nov. 29, 1989 103 Stat. 1462 [ 411h. Renumbered  481h] [ 411i. Renumbered  481i] [ 411j. Renumbered  481j] [ 411k. Renumbered  481k] [ 411l. Renumbered  481l] [ 412. Renumbered  455]  413. Chairman and Vice Chairman of the Joint Chiefs of Staff  The Chairman and Vice Chairman of the Joint Chiefs of Staff are entitled to the allowances provided by law for the Chief of Staff of the Army. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 476 Pub. L. 100180, div. A, title XIII,  1314(c)(1) Dec. 4, 1987 101 Stat. 1176        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  413 10:142(d) (less applicability to basic pay). [None.] Editorial Notes Amendments 1987 Pub. L. 100180 Statutory Notes and Related Subsidiaries Effective Date of 1987 Amendment Pub. L. 100180, div. A, title XIII,  1314(e)(2) Dec. 4, 1987 101 Stat. 1176 The amendments made by subsections (c)(1), (d)(3), and (d)(4) [amending this section and provisions set out as notes under sections 431 and 1009 of this title] shall take effect as of October 1, 1986  414. Personal money allowance (a)  Allowance for Officers Serving in Certain Ranks or Positions In addition to other pay or allowances authorized by this title, an officer who is entitled to basic pay is entitled to a personal money allowance of (1) $500 a year, while serving in the grade of lieutenant general or vice admiral, or in an equivalent grade or rank; (2) $1,200 a year, in place of any other personal money allowance authorized by this section while serving as Surgeon General of the Public Health Service; (3) $2,200 a year, in addition to the personal money allowance authorized by clause (1), while serving as a senior member of the Military Staff Committee of the United Nations; (4) $2,200 a year, while serving in the grade of general or admiral, or in an equivalent grade or rank; or (5) $4,000 a year, in place of any other personal money allowance authorized by this section, while serving as Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, Chief of Space Operations, Commandant of the Coast Guard, or Chief of the National Guard Bureau. (b)  Allowance for Senior Enlisted Members In addition to other pay or allowances authorized by this title, a noncommissioned officer is entitled to a personal money allowance of $2,000 a year while serving as the Sergeant Major of the Army, the Master Chief Petty Officer of the Navy, the Chief Master Sergeant of the Air Force, the Sergeant Major of the Marine Corps, the senior enlisted advisor of the Space Force, the Master Chief Petty Officer of the Coast Guard, the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or the Senior Enlisted Advisor to the Chief of the National Guard Bureau. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 476 Pub. L. 89718,  49(a)(2) Nov. 2, 1966 80 Stat. 1121 Pub. L. 10225, title VII,  702(b)(2) Apr. 6, 1991 105 Stat. 117 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 108375, div. A, title V,  557(a)(2) Oct. 28, 2004 118 Stat. 1915 Pub. L. 109148, div. A, title VIII,  8124(b) Dec. 30, 2005 119 Stat. 2727 Pub. L. 109163, div. A, title VI,  685(c) Jan. 6, 2006 119 Stat. 3325 Pub. L. 109364, div. A, title X,  1071(c)(7) Oct. 17, 2006 120 Stat. 2401 Pub. L. 113291, div. A, title VI,  603(c) Dec. 19, 2014 128 Stat. 3398 Pub. L. 115232, div. A, title VI,  601(a) Aug. 13, 2018 132 Stat. 1794 Pub. L. 116283, div. A, title IX,  925(e)(1) Jan. 1, 2021 134 Stat. 3827        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  414(a) 37:254. Oct. 12, 1949, ch. 681,  304 63 Stat. 816 Aug. 10, 1956, ch. 1041,  20(c) 70A Stat. 627 May 20, 1958 Pub. L. 85422,  1(11) 72 Stat. 127 Sept. 14, 1961 Pub. L. 87233,  3 75 Stat. 507 414(b) 37:257. Aug. 2, 1946, ch. 756,  3 60 Stat. 853 In subsection (b), the words pay or are inserted to conform to subsection (a). The word position is substituted for the words capacities and officers, respectively. In clause (1), the words Superintendent of the Naval Postgraduate School are substituted for the words Head of the Postgraduate school at the Naval Academy to reflect present terminology. Editorial Notes Amendments 2021Subsec. (a)(5). Pub. L. 116283,  925(e)(1)(A) Subsec. (b). Pub. L. 116283,  925(e)(1)(B) 2018Subsecs. (b), (c). Pub. L. 115232 2014Subsec. (a)(5). Pub. L. 113291,  603(c)(1) Subsec. (c). Pub. L. 113291,  603(c)(2) 2006Subsec. (c). Pub. L. 109364 Pub. L. 109163,  685(c)(2) Pub. L. 109163,  685(c)(1) Pub. L. 109148 2005Subsec. (c). Pub. L. 109148 2004Subsec. (b)(1). Pub. L. 108375 2000Subsec. (a). Pub. L. 106398,  1 [[div. A] Subsec. (b). Pub. L. 106398,  1 [[div. A] Subsec. (c). Pub. L. 106398,  1 [[div. A] 1991Subsec. (a)(3). Pub. L. 10225 1966Subsec. (a)(2). Pub. L. 89718 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Pub. L. 115232, div. A, title VI,  601(b) Aug. 13, 2018 132 Stat. 1794 The amendments made by subsection (a) [amending this section] shall take effect on December 31, 2018 section 414 of title 37 Effective Date of 2014 Amendment Amendment by Pub. L. 113291 Dec. 19, 2014 section 603(e) of Pub. L. 113291 section 1406 of Title 10 Effective Date of 2000 Amendment Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 The amendments made by this section [amending this section] shall take effect on October 1, 2000  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 section 542 of Title 6 Executive Documents  Transfer of Functions Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966 80 Stat. 1610 section 3508(b) of Title 20  415. Uniform allowance: officers; initial allowance (a) Subject to subsection (b), an officer of an armed force is entitled to an initial allowance of not more than $400 as reimbursement for the purchase of required uniforms and equipment (1) upon first reporting for active duty (other than for training) for a period of more than 90 days; (2) upon completing at least 14 days of active duty as a member of a reserve component; (3) upon completing 14 periods, each of which was of at least two hours duration, of inactive-duty training as a member of the Ready Reserve; or (4) upon reporting for the first period of active duty required by section 2121(c) of title 10 (b) An officer who has received an initial uniform reimbursement or allowance under any other law is not entitled to an initial allowance under subsection (a). (c) An allowance of $250 for uniforms and equipment may be paid to each commissioned officer of the Public Health Service who is (1) on active duty or on inactive duty training status; and (2) required by directive of the Surgeon General to wear a uniform. An officer is not entitled to more than one allowance under this subsection. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 477 Pub. L. 88647, title II,  202(3) Oct. 13, 1964 78 Stat. 1070 Pub. L. 89444,  2(1) June 9, 1966 80 Stat. 198 Pub. L. 89718,  63 Nov. 2, 1966 80 Stat. 1123 Pub. L. 9083,  5(1) Sept. 11, 1967 81 Stat. 221 Pub. L. 91278,  3(3) June 12, 1970 84 Stat. 306 Pub. L. 9676, title III,  313(c) Sept. 29, 1979 93 Stat. 586 Pub. L. 96513, title IV,  412 Dec. 12, 1980 94 Stat. 2905 Pub. L. 9722,  10(c) July 10, 1981 95 Stat. 137 Pub. L. 9760, title I,  131(a) Oct. 14, 1981 95 Stat. 1005 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  415(a) 415(b) 415(c) 37:255(a) (less provisos). 37:255(a) (2d proviso). 37:255(a) (last proviso). Oct. 12, 1949, ch. 681,  305(a) Aug. 10, 1956, ch. 1041,  20(d) 70A Stat. 628 415(d) 42:214. July 1, 1944, ch. 373,  213 Apr. 27, 1956, ch. 211,  2(a) 70 Stat. 116 415(e) 37:256. Oct. 12, 1949, ch. 681,  306 Aug. 10, 1956, ch. 1041,  20(d) 70A Stat. 629  [Uncodified.] Aug. 7, 1947, ch. 512,  302(f) 61 Stat. 830 In subsection (a), the words Subject to subsections (b) and (c) of this section, are inserted for clarity. The words of an armed force are inserted, since the source section, as originally enacted, did not apply to the Public Health Service or the Coast and Geodetic Survey. (See section 243 of the Armed Forces Reserve Act of 1952 ( 66 Stat. 492 In subsection (b), the words heretofore or hereafter are omitted as surplusage. In subsection (c), the words An officer are substituted for the words any individual, since the revised section applies only to officers. In subsection (d), the words who is in pay grade O1, O2, or O3 are substituted for the words is receiving the pay of the junior assistant, assistant, or senior assistant grade to reflect current terminology. (See chapter 3 of this revised title.) The last sentence is substituted for section 214 (words following semicolon) of title 14. In subsection (e), the words as a temporary officer are inserted for clarity. The words 5596 or are substituted for section 302(f) of the Act of August 7, 1947 Editorial Notes Amendments 2000Subsec. (a). Pub. L. 106398 1991Subsecs. (a), (b). Pub. L. 10225 1981Subsec. (a). Pub. L. 9722 Subsec. (a)(4). Pub. L. 9760 1980Subsec. (a). Pub. L. 96513,  412(1) Subsecs. (c), (d). Pub. L. 96513,  412(3) Subsec. (e). Pub. L. 96513,  412(3) 1979Subsec. (d). Pub. L. 9676 1970Subsec. (e). Pub. L. 91278 section 213 of title 14 1967Subsec. (d)(3). Pub. L. 9083 1966Subsec. (a). Pub. L. 89718 Subsec. (e). Pub. L. 89444 section 214 of title 14 section 435 of title 14 1964Subsec. (a). Pub. L. 88647 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 The amendments made by this section [amending this section and section 416 of this title October 1, 2000 Effective Date of 1981 Amendment Pub. L. 9722,  10(c) July 10, 1981 95 Stat. 137 Sept. 15, 1981 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Sept. 15, 1981 section 412 of Pub. L. 96513 Dec. 12, 1980 section 701 of Pub. L. 96513 section 101 of Title 10 Effective Date of 1979 Amendment Amendment by Pub. L. 9676 Oct. 1, 1979 section 314 of Pub. L. 9676 section 206 of Title 42 Executive Documents  Transfer of Functions Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and all functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966 80 Stat. 1610 section 3508(b) of Title 20  416. Uniform allowance: officers; additional allowances (a) In addition to the allowance provided by section 415 of this title (b) Subsection (a) does not apply to a tour of active duty if (1) the officer, during that tour or within a period of two years before entering on that tour, received, under any law, an initial uniform reimbursement or allowance of more than $400; or (2) the officer enters on that tour within two years after completing a period of active duty of more than 90 days duration. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 477 Pub. L. 88624,  1 Oct. 3, 1964 78 Stat. 1002 Pub. L. 88647, title II,  202(3) Oct. 13, 1964 78 Stat. 1070 Pub. L. 89718,  63 Nov. 2, 1966 80 Stat. 1123 Pub. L. 96513, title V,  516(13) Dec. 12, 1980 94 Stat. 2938 Pub. L. 101189, div. A, title VI,  663(a) Nov. 29, 1989 103 Stat. 1465 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  606(a) Dec. 28, 2001 115 Stat. 1134        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  416(a) 416(b) 37:255(b). 37:255(c). Oct. 12, 1949, ch. 681,  305(b) Aug. 10, 1956, ch. 1041,  20(d) 70A Stat. 628 Sept. 2, 1958 Pub. L. 85861,  33(f) 72 Stat. 1568 In subsection (a), the words In addition to the initial uniform allowance authorized by section 431 (a)(d) of this title are substituted for the word additional. Section 255(b) (last proviso of 1st sentence) of existing title 37 is omitted as executed. The words may not be included are substituted for the words shall be excluded. Section 255(b) (last sentence) of existing title 37 is omitted, since the categories named therein are excluded by the words a reserve officer. (See revision note for section 415(a) of this revised title.) In subsection (b), the introductory clause is substituted for the word further. The words of an armed force and of the Army, or the Air Force, without specification of component are inserted for the reasons stated in the revision note for section 415(a) of this revised title. Clauses (1) and (2) are substituted for section 255(c) (provisos) of existing title 37. Editorial Notes Amendments 2001Subsec. (b)(1). Pub. L. 107107 2000Subsec. (a). Pub. L. 106398 1989Subsec. (a). Pub. L. 101189 section 415 of this title July 9, 1952 section 1332(a)(2) of title 10 Subsec. (b). Pub. L. 101189 1980 Pub. L. 96513 1966Subsec. (b). Pub. L. 89718 1964Subsec. (a). Pub. L. 88624 Subsec. (b). Pub. L. 88647 Statutory Notes and Related Subsidiaries Effective Date of 2001 Amendment Pub. L. 107107, div. A, title VI,  606(b) Dec. 28, 2001 115 Stat. 1134 The amendment made by this section [amending this section] shall take effect as of October 1, 2000 Effective Date of 2000 Amendment Amendment by Pub. L. 106398 Oct. 1, 2000 Pub. L. 106398 section 415 of this title Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 One-Time Uniform Allowance for Officers Who Transfer to the Space Force Pub. L. 116283, div. A, title VI,  606 Jan. 1, 2021 134 Stat. 3672 Pub. L. 117263, div. A, title VI,  616 Dec. 23, 2022 136 Stat. 2624  (a)  In General The Secretary of the Air Force may provide an officer who transfers from the Army, Navy, Air Force, or Marine Corps to the Space Force an allowance of not more than $400 as reimbursement for the purchase of required uniforms and equipment. (b)  Relationship to Other Allowances The allowance under this section is in addition to any allowance available under any other provision of law. (c)  Source of Funds Funds for allowances provided under subsection (a) in a fiscal year may be derived only from amounts authorized to be appropriated for military personnel of the Space Force for such fiscal year. (d)  Applicability The authority for an allowance under this section shall apply with respect to any officer described in subsection (a) who transfers to the Space Force (1) during the period beginning on December 20, 2019 September 30, 2023 (2) on or after the date the Secretary of the Air Force prescribes the official uniform for the Space Force. Save Pay Provision Pub. L. 101189, div. A, title VI,  663(b) Nov. 29, 1989 103 Stat. 1465 An officer of an armed force who, but for the amendments made by subsection (a) [amending this section], would have become entitled to a uniform reimbursement under section 416(a) of title 37 Nov. 29, 1989 Allowance for Service Prior to October 3, 1964 Pub. L. 88624,  2 Oct. 3, 1964 78 Stat. 1002 The amendments made by this Act [amending this section] do not entitle an officer to an allowance for any 4-year period of service completed prior to the effective date of this Act [ Oct. 3, 1964  417. Uniform allowance: officers; general provisions (a) Subject to standards, policies, and procedures prescribed by the Secretary of Defense, the Secretary of each military department may prescribe regulations that he considers necessary to carry out sections 415(a)(c) and 416 of this title within his department. The Secretary of Homeland Security, with the concurrence of the Secretary of the Navy, may prescribe regulations that he considers necessary to carry out those sections for the Coast Guard when it is not operating as a service in the Navy. As far as practicable, regulations for all reserve components shall be uniform. (b) Under regulations approved by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, and subject to section 415(a)(c) or 416 of this title, a reserve officer of an armed force who has received a uniform and equipment allowance under section 415(a)(c) or 416 of this title, may if a different uniform is required, be paid a uniform and equipment reimbursement upon transfer to, or appointment in, another reserve component. (c) For the purposes of sections 415(a)(c) and 416 of this title and subsections (a) and (b), an officer may count only that duty for which he is required to wear a uniform. (d) (1) For purposes of sections 415 and 416 of this title, a period for which an officer of an armed force, while employed as a National Guard technician, is required to wear a uniform under section 709(b) of title 32 (2) A uniform allowance may not be paid, and uniforms may not be furnished, to an officer under section 1593 of title 10 section 5901 of title 5 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 478 Pub. L. 90623,  3(1) Oct. 22, 1968 82 Stat. 1314 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 104106, div. A, title X,  1038(b) Feb. 10, 1996 110 Stat. 432 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  417(a) 417(b) 417(c) 37:255(e). 37:255(d). 37:255(a) (1st proviso). Oct. 12, 1949, ch. 681,  305 Aug. 10, 1956, ch. 1041,  20(d) 70A Stat. 629 In subsection (a), the words within that department are inserted for clarity. The words may prescribe are substituted for the words shall prescribe, since the words that he considers necessary indicate that the prescribing of regulations is not mandatory. Subsection (b) is substituted for section 255(d) (less last sentence) of existing title 37. Section 255(d) last sentence) of existing title 37 is omitted, since the categories named therein are excluded by the words a reserve officer. (See revision note for section 415(a) of this revised title.) Editorial Notes Amendments 2002Subsecs. (a), (b). Pub. L. 107296 1996Subsec. (d). Pub. L. 104106 1991Subsec. (c). Pub. L. 10225 1968Subsecs. (a), (b). Pub. L. 90623 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1968 Amendment Amendment by Pub. L. 90623 Oct. 22, 1968 section 6 of Pub. L. 90623 section 5334 of Title 5  418. Clothing allowance: enlisted members (a) The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may prescribe the quantity and kind of clothing to be furnished annually to an enlisted member of the armed forces or the National Guard, and may prescribe the amount of a cash allowance to be paid to such a member if clothing is not so furnished to him. (b) In determining the quantity and kind of clothing or allowances to be furnished pursuant to regulations prescribed under this section to persons employed as National Guard technicians under section 709 of title 32 (c) A uniform allowance may not be paid, and uniforms may not be furnished, under section 1593 of title 10 section 5901 of title 5 (d) (1) In the case of athletic footwear needed by members of the Army, Navy, Air Force, Marine Corps, or Space Force upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear. (2) In procuring athletic footwear to comply with paragraph (1), the Secretary of Defense shall (A) procure athletic footwear that complies with the requirements of section 4862 of title 10 section 3016 of title 10 (B) procure additional athletic footwear, for two years following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, that is necessary to provide a member described in paragraph (1) with sufficient choices in athletic shoes so as to minimize the incidence of athletic injuries and potential unnecessary harm and risk to the safety and well-being of members in initial entry training. (3) This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase of athletic footwear if such footwear (A) is medically required to meet unique physiological needs of the member; and (B) cannot be met with athletic footwear that complies with the requirements of this subsection. (4) This subsection does not apply to the furnishing of athletic footwear to members of the Army, the Navy, the Air Force, the Marine Corps, or the Space Force upon their initial entry into the armed forces, or prohibit the provision of a cash allowance to such members for such purpose, if the Secretary of Defense determines that compliance with paragraph (2) would result in a sole source contract for procurement of athletic footwear for the purpose stated in paragraph (1) because there would be only a sole certified source of supply for such footwear. (5) The Secretary of Defense shall ensure that all procurements of athletic footwear to which this subsection applies are made using firm fixed price contracts. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 478 Pub. L. 104106, div. A, title X,  1038(c) Feb. 10, 1996 110 Stat. 432 Pub. L. 104201, div. A, title VI,  654 Sept. 23, 1996 110 Stat. 2583 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 114328, div. A, title VIII,  817 Dec. 23, 2016 130 Stat. 2272 Pub. L. 11591, div. A, title VI,  633 Dec. 12, 2017 131 Stat. 1431 Pub. L. 116283, div. A, title IX,  925(e)(2) Jan. 1, 2021 134 Stat. 3827 Pub. L. 11781, div. A, title XVII,  1702(f)(2) Dec. 27, 2021 135 Stat. 2157        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  418 37:305. Oct. 12, 1949, ch. 681,  505 63 Stat. 828 The words the armed forces are substituted for the words the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard to conform to the definition in section 101(4) of this title section 751a of title 14 Editorial Notes  References in Text The date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (d)(2)(B), is the date of enactment of Pub. L. 114328 Dec. 23, 2016 Amendments 2021Subsec. (d)(1). Pub. L. 116283,  925(e)(2)(A) Subsec. (d)(2)(A). Pub. L. 11781 section 3016 of title 10 Subsec. (d)(4). Pub. L. 116283,  925(e)(2)(B) 2017Subsec. (d)(4), (5). Pub. L. 11591 2016Subsec. (d). Pub. L. 114328 2002Subsec. (a). Pub. L. 107296 2000Subsec. (a). Pub. L. 106398,  1 [[div. A] Subsec. (b). Pub. L. 106398,  1 [[div. A] 1996 Pub. L. 104106 Subsec. (c). Pub. L. 104201 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Reduction of Gender-Related Inequities in Costs of Uniforms to Members of the Armed Forces Pub. L. 11781, div. A, title V,  571 Dec. 27, 2021 135 Stat. 1753  (a)  Establishment of Criteria Not later than 180 days after the date of the enactment of this Act [ Dec. 27, 2021 (b)  Reviews. (1)  Quinquennial review The Under Secretary shall review the criteria established under subsection (a) every five years after such establishment and recommend to the Secretaries of the military departments adjustments to clothing allowances for enlisted members if such allowances are insufficient to pay for uniquely military items determined pursuant to such criteria. (2)  Periodic reviews The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, and in coordination with the Secretaries of the military departments, shall periodically review (A) all uniform clothing plans of each Armed Force under the jurisdiction of the Secretary of a military department to identify data needed to facilitate cost discussions and make recommendations described in paragraph (1); (B) not less than once every five years, calculations of each Armed Force for standard clothing replacement allowances for enlisted members, in order to develop a standard by which to identify differences described in subsection (a); (C) not less than once every 10 years, initial clothing allowances for officers, in order to identify data necessary to facilitate cost discussions and make recommendations described in paragraph (1); and (D) all plans of each Armed Force under the jurisdiction of the Secretary of a military department for changing uniform items to determine if such planned changes will result in differences described in subsection (a). (c)  Regulations Not later than September 30, 2022 (1) The out-of-pocket cost to an officer or enlisted member of an Armed Force for a mandatory uniform item (or part of such uniform) may not exceed such cost to another officer or enlisted member of that Armed Force for such uniform (or part, or equivalent part, of such uniform) solely based on gender. (2) If a change to a uniform of an Armed Force affects only enlisted members of one gender, an enlisted member of such gender in such Armed Force shall be entitled to an allowance equal to the out-of-pocket cost to the officer or enlisted member relating to such change. (3) An individual who has separated or retired, or been discharged or dismissed, from the Armed Forces, shall not entitled to an allowance under paragraph (2). (d)  Report Not later than December 31, 2022 (1) the estimated production costs and average retail prices of military clothing items for members (including officers and enlisted members) of each Armed Force; and (2) a comparison of costs for male and female military clothing items for members of each Armed Force. Executive Documents  Ex. Ord. No. 10113. Clothing Allowances for Enlisted Personnel Ex. Ord. No. 10113, Feb. 24, 1950 Feb. 28, 2003 By virtue of the authority vested in me as President of the United States and as Commander in Chief of the armed forces, it is ordered as follows: 1. The Secretary of Defense with respect to enlisted men of the Army, the Navy, the Air Force, the Marine Corps, the Naval Reserve [now Navy Reserve], the Marine Corps Reserve, the National Guard, the Air National Guard, the National Guard of the United States, the Air National Guard of the United States, the Organized Reserve Corps [Army Reserve] and the Air Force Reserve, and the Secretary of Homeland Security with respect to enlisted men of the Coast Guard and the Coast Guard Reserve, are hereby authorized and directed, after appropriate consultation with the Director of the Bureau of the Budget [now Director of the Office of Management and Budget], to perform the functions vested in the President by section 505 of the Career Compensation Act of 1949, approved October 12, 1949 2. The quantity and kind of clothing, and any cash allowances in lieu thereof, prescribed by the Secretary of Homeland Security hereunder with respect to the Coast Guard and the Coast Guard Reserve shall, so far as practicable, be in conformity with those prescribed by the Secretary of Defense with respect to the Navy and Naval Reserve [now Navy Reserve], respectively. 3. Existing regulations prescribing the quantity and kind of clothing furnished, and any cash allowances in lieu thereof, shall remain in effect until modified, revoked, or superseded by action taken pursuant to this order. 4. The term enlisted men as used in this order shall be deemed to apply to enlisted persons of either sex. 5. This order shall become effective on April 1, 1950 Apr. 4, 1949  419. Civilian clothing allowance  Under regulations prescribed by the Secretary of Defense, an officer of an armed force who is assigned to a permanent duty station at a location outside the United States may be paid a civilian clothing allowance in such amount as the Secretary shall determine under regulations if such officer is required to wear civilian clothing all or a substantial portion of the time in the performance of the officers official duties. A clothing allowance under this section is in addition to any uniform allowance to which an officer is otherwise entitled under this title. (Added Pub. L. 100180, div. A, title VI,  611(a)(1)(B) Dec. 4, 1987 101 Stat. 1093 Pub. L. 100456, div. A, title VI,  625 Sept. 29, 1988 102 Stat. 1984 Pub. L. 101189, div. A, title VI,  653(c)(2) Nov. 29, 1989 103 Stat. 1462  Editorial Notes Prior Provisions A prior section 419 was renumbered section 420 of this title Amendments 1989 Pub. L. 101189 1988 Pub. L. 100456 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 100180, div. A, title VI,  611(b) Dec. 4, 1987 101 Stat. 1093  Section 419 of title 37 Dec. 4, 1987  420. Allowances while participating in international sports (a)  Section 717 of title 10 (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 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. 87649 Sept. 7, 1962 76 Stat. 478 Pub. L. 89718,  64 Nov. 2, 1966 80 Stat. 1123 Pub. L. 100180, div. A, title VI,  611(a)(1)(A) Dec. 4, 1987 101 Stat. 1093 Pub. L. 10585, div. A, title VI,  603(d)(1)(C) Nov. 18, 1997 111 Stat. 1782 Pub. L. 11281, div. A, title VI,  631(f)(4)(A) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Pub. L. 117263, div. A, title VI,  626(h)(2) Dec. 23, 2022 136 Stat. 2629        Historical and Revision Notes  Revised section Source (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 Sept. 2, 1958 Pub. L. 85861,  11 72 Stat. 1556 Editorial Notes Prior Provisions A prior section 420 was renumbered section 421 of this title Amendments 2022Subsec. (b). Pub. L. 117263 2013Subsec. (b). Pub. L. 112239,  1076(a)(9) Pub. L. 11281,  631(f)(4)(A) 2011Subsec. (b). Pub. L. 11281,  631(f)(4)(A) Pub. L. 112239,  1076(a)(9) 1997Subsec. (c). Pub. L. 10585 1966 Pub. L. 89718 section 717 of title 10 section 716 of title 10 Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 112239, div. A, title X,  1076(a) Jan. 2, 2013 126 Stat. 1947 Dec. 31, 2011 Pub. L. 11281 Effective Date of 1997 Amendment Amendment by Pub. L. 10585 Jan. 1, 1998 section 603(e) of Pub. L. 10585 section 5561 of Title 5  421. Allowances: no increase while dependent is entitled to basic pay  A member of a uniformed service may not be paid an increased allowance under this chapter, on account of a dependent, for any period during which that dependent is entitled to basic pay under section 204 of this title ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 479 Pub. L. 100180, div. A, title VI,  611(a)(1)(A) Dec. 4, 1987 101 Stat. 1093        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  420 37:231(g) (last proviso of last sentence). Oct. 12, 1949, ch. 681,  102(g) 63 Stat. 805 The words of a uniformed service are inserted for clarity. The words claiming a dependent as defined in this subsection are omitted as surplusage. The words under section 204 of this title Editorial Notes Prior Provisions A prior section 421, Pub. L. 87649 Sept. 7, 1962 76 Stat. 479 Pub. L. 88132,  3(b) Oct. 2, 1963 77 Stat. 212 Pub. L. 9894, title IX,  932(e)(1) Sept. 24, 1983 97 Stat. 650 Oct. 1, 1983 section 1091 of Title 10  422. Cadets and midshipmen (a) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to the allowances provided by law for a midshipman in the Navy, and to travel and transportation allowances prescribed under section 452 of this title (b) Each midshipman of the Navy to whom a Navy ration is not furnished is entitled to the commuted value of the ration in money for each day that he is on active duty, including each day that he is on leave. The Secretary of the Navy may prescribe regulations stating the conditions under which the commuted value shall be allowed and may prescribe regulations establishing the rates at which the ration shall be commuted. (c) A cadet or midshipman appointed under section 2107 of title 10 (1) initial travel to the educational institution in which matriculated; (2) travel while under orders; and (3) travel on discharge. However, no allowance for travel on discharge may be paid to a discharged cadet or midshipman who continues his scholastic instruction at the same educational institution. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 479 Pub. L. 88647, title II,  202(4) Oct. 13, 1964 78 Stat. 1070 Pub. L. 89718,  63 Nov. 2, 1966 80 Stat. 1123 Pub. L. 11281, div. A, title VI,  631(f)(4)(A) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Pub. L. 117263, div. A, title VI,  626(h)(3) Dec. 23, 2022 136 Stat. 2629        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  422(a) 37:308 (less applicability to pay). Oct. 12, 1949, ch. 681,  508 63 Stat. 828 422(b) 10:6081(b) (9th through 17th words). [None.]  10:6081(c) (16th through 19th words). [None.] 422(c) 10:6904(c). [None.]  10:6905(c). [None.] 422(d) 10:6906(c) (1st sentence, less applicability to pay). [None.] In subsection (a), the words prescribed under section 410 of this title Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117263 2013Subsec. (a). Pub. L. 112239,  1076(a)(9) Pub. L. 11281,  631(f)(4)(A) 2011Subsec. (a). Pub. L. 11281,  631(f)(4)(A) Pub. L. 112239,  1076(a)(9) 1966Subsec. (c). Pub. L. 89718 1964Subsec. (c). Pub. L. 88647,  202(4)(A) section 2107 of title 10 section 6904 of title 10 section 6905 of title 10 Subsec. (d). Pub. L. 88647,  202(4)(C) section 6906 of title 10 Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 112239, div. A, title X,  1076(a) Jan. 2, 2013 126 Stat. 1947 Dec. 31, 2011 Pub. L. 11281  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 section 542 of Title 6  423. Validity of allowance payments based on purported marriages  A payment of an allowance, based on a purported marriage, that is made under this chapter, under the Career Compensation Act of 1949, or under the Pay Readjustment Act of 1942, before judicial annulment or termination of that marriage, is valid, if a court of competent jurisdiction adjudges or decrees that the marriage was entered into in good faith on the part of the spouse who is a member of a uniformed service or if, in the absence of such a judgment or decree, such a finding of good faith is made by the Secretary concerned or by a person designated by him to investigate the matter. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 479        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  423 37:303. Oct. 12, 1949, ch. 681,  503 63 Stat. 827 The words or which hereafter may be are omitted as surplusage. The words a person designated by him to investigate the matter are substituted for the words such person as he may designate for the purpose. Editorial Notes  References in Text The Career Compensation Act of 1949, referred to in text, is act Oct. 12, 1949, ch. 681 63 Stat. 802 Pub. L. 87649 Sept. 7, 1962 76 Stat. 451 section 101 of this title The Pay Readjustment Act of 1942, referred to in text, is act June 16, 1942, ch. 413 56 Stat. 359 Pub. L. 87649 Sept. 7, 1962 76 Stat. 451 section 101 of this title  424. Band leaders (a) The leader of the Army Band is entitled to the allowances of a captain in the Army. (b) The leader of the United States Navy Band is entitled to the allowances of a lieutenant of the Navy. (c) A member of the Marine Corps who is appointed as director or assistant director of the United States Marine Corps Band under section 8287 of title 10 (d) The leader of the Naval Academy Band is entitled to the allowances of the pay grade prescribed for him by the Secretary of Navy under section 207(e) of this title (e) The director of the Coast Guard Band is entitled to the allowances of an officer in the grade in which he is serving. However, his allowances may not be less than those to which he was entitled at the time of his appointment as director. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 480 Pub. L. 89189,  3 Sept. 17, 1965 79 Stat. 820 Pub. L. 95551,  3(b)(2) Oct. 30, 1978 92 Stat. 2069 Pub. L. 115232, div. A, title VIII,  809(m)(4) Aug. 13, 2018 132 Stat. 1843        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  424(a) 10:3536(b) (less applicability to basic pay). [None.] 424(b) 10:4338(a) (as applicable to allowances). [None.] 424(c) 10:6221(b) (less applicability to basic pay). [None.] 424(d) 10:6222(e) (less applicability to basic pay). [None.] 424(e) 10:6969(b) (less last sentence, and less applicability to basic pay). [None.] Editorial Notes Amendments 2018Subsec. (c). Pub. L. 115232 section 8287 of title 10 section 6222 of title 10 1978Subsecs. (b) to (f). Pub. L. 95551 1965Subsec. (f). Pub. L. 89189 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10  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 section 542 of Title 6  425. United States Navy Band; United States Marine Corps Band: allowances while on concert tour  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. 87649 Sept. 7, 1962 76 Stat. 480        Historical and Revision Notes  Revised section Source (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 section 301 of Title 3 [ 426. Repealed. Pub. L. 90377,  10 July 5, 1968 82 Stat. 288   Section, Pub. L. 87649 Sept. 7, 1962 76 Stat. 480  427. Family separation allowance (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 equal to $250 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 (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 (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 (Added Pub. L. 88132,  11(1) Oct. 2, 1963 77 Stat. 217 Pub. L. 91529,  1 Dec. 7, 1970 84 Stat. 1389 Pub. L. 91533,  1 Dec. 7, 1970 84 Stat. 1392 Pub. L. 96342, title VIII,  809(a) Sept. 8, 1980 94 Stat. 1097 Pub. L. 99145, title VI,  607(a) Nov. 8, 1985 99 Stat. 639 Pub. L. 99661, div. A, title VI,  618(a) Nov. 14, 1986 100 Stat. 3880 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102190, div. A, title VI Dec. 5, 1991 105 Stat. 1376 Pub. L. 103337, div. A, title VI,  625(a) Oct. 5, 1994 108 Stat. 2785 Pub. L. 104106, div. A, title VI,  606 Feb. 10, 1996 110 Stat. 358 Pub. L. 104201, div. A, title VI,  607 Sept. 23, 1996 110 Stat. 2542 Pub. L. 10585, div. A, title VI Nov. 18, 1997 111 Stat. 1781 Pub. L. 107107, div. A, title VI,  607(a) Dec. 28, 2001 115 Stat. 1134 Pub. L. 10811, title I,  1316(b) Apr. 16, 2003 117 Stat. 570 Pub. L. 108136, div. A, title VI Nov. 24, 2003 117 Stat. 1500 Pub. L. 108375, div. A, title VI,  623(b) Oct. 28, 2004 118 Stat. 1955 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4483 Pub. L. 11281, div. A, title VI,  631(f)(4)(A) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Pub. L. 116283, div. A, title VI,  615 Jan. 1, 2021 134 Stat. 3675 Pub. L. 117263, div. A, title VI,  626(h)(4) Dec. 23, 2022 136 Stat. 2629  Editorial Notes Amendments 2022Subsec. (a)(1)(A). Pub. L. 117263,  626(h)(4)(A) Subsec. (c)(1). Pub. L. 117263,  626(h)(4)(B) 2021Subsec. (a)(1)(B). Pub. L. 116283 2013Subsecs. (a)(1)(A), (c)(1). Pub. L. 112239,  1076(a)(9) Pub. L. 11281,  631(f)(4)(A) 2011Subsecs. (a)(1)(A), (c)(1). Pub. L. 11281,  631(f)(4)(A) Pub. L. 112239,  1076(a)(9) 2008Subsec. (d). Pub. L. 110417 2004Subsec. (a)(1). Pub. L. 108375,  623(b)(2)(A) Subsec. (e). Pub. L. 108375,  623(b)(2)(B) October 1, 2003 December 31, 2005 Pub. L. 108375,  623(b)(1) December 31, 2005 December 31, 2004 2003Subsec. (a)(1). Pub. L. 10811,  1316(b) Pub. L. 108136,  618(d)(2) Subsec. (e). Pub. L. 108136,  606 2001Subsec. (c). Pub. L. 107107 1997Subsec. (a). Pub. L. 10585,  603(c)(3)(B)(i) Pub. L. 10585,  603(c)(3)(A) (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 (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. 10585,  626 Pub. L. 10585,  603(c)(3)(B)(ii) Subsec. (b). Pub. L. 10585,  603(c)(3)(B)(iii) Subsec. (b)(5). Pub. L. 10585,  603(c)(3)(B)(v) Section 421 of this title Subsec. (c). Pub. L. 10585,  603(c)(3)(B)(iv) Subsec. (d). Pub. L. 10585,  603(c)(3)(B)(v) 1996Subsec. (b)(1)(D). Pub. L. 104201,  607(a) Subsec. (b)(4). Pub. L. 104106 Subsec. (b)(5). Pub. L. 104201,  607(b) 1994Subsec. (b)(2). Pub. L. 103337,  625(a)(3) Pub. L. 103337,  625(a)(1) Subsec. (b)(3), (4). Pub. L. 103337,  625(a)(2) 1991Subsec. (a). Pub. L. 102190,  625(b)(1) Subsec. (b). Pub. L. 102190,  625(b)(2) Subsec. (b)(1). Pub. L. 102190,  625(a) Pub. L. 102190,  611(b) Pub. L. 10225 1986Subsec. (b). Pub. L. 99661,  618(a) 1985Subsec. (b). Pub. L. 99145 1980Subsec. (b). Pub. L. 96342 1970Subsec. (b). Pub. L. 91533 Pub. L. 91529 Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 112239, div. A, title X,  1076(a) Jan. 2, 2013 126 Stat. 1947 Dec. 31, 2011 Pub. L. 11281 Effective Date of 2008 Amendment Pub. L. 110417 Oct. 14, 2008 122 Stat. 4483 Pub. L. 111383, div. A, title X,  1075(e)(9) Jan. 7, 2011 124 Stat. 4375 Paragraph (2) of subsection (d) of section 427 of title 37 October 1, 2008 Effective Date of 2004 Amendment Pub. L. 108375, div. A, title VI,  623(b)(2) Oct. 28, 2004 118 Stat. 1955 Jan. 1, 2006 Effective and Termination Dates of 2003 Amendments Pub. L. 108136, div. A, title VI,  618(d)(2) Nov. 24, 2003 117 Stat. 1504 Apr. 16, 2003 Amendment by Pub. L. 10811 Oct. 1, 2002 Sept. 30, 2003 Sept. 30, 2003 Apr. 16, 2003 Pub. L. 10811 section 310 of this title Effective Date of 2001 Amendment Pub. L. 107107, div. A, title VI,  607(b) Dec. 28, 2001 115 Stat. 1135 Paragraph (2) of section 427(c) of title 37 January 1, 2002 Effective Date of 1997 Amendment Amendment by section 603(c)(3) of Pub. L. 10585 Jan. 1, 1998 section 603(e) of Pub. L. 10585 section 5561 of Title 5 Effective Date of 1994 Amendment Pub. L. 103337, div. A, title VI,  625(b) Oct. 5, 1994 108 Stat. 2785 The amendments made by subsection (a) [amending this section] shall take effect as of June 20, 1994 Effective Date of 1985 Amendment Pub. L. 99145, title VI,  607(b) Nov. 8, 1985 99 Stat. 639 The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1985 Effective Date of 1980 Amendment Pub. L. 96342, title VIII,  809(b) Sept. 8, 1980 94 Stat. 1097 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. 91533,  2 Dec. 7, 1970 84 Stat. 1392 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. 91529,  2 Dec. 7, 1970 84 Stat. 1389 Section 1 of this Act [amending this section] is effective October 1, 1963 Effective Date Section effective Oct. 1, 1963 section 14 of Pub. L. 88132 section 201 of this title Savings Provision Pub. L. 99661, div. A, title VI,  618(b) Nov. 14, 1986 100 Stat. 3881 Pub. L. 11281, div. A, title VI,  631(f)(4)(B) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Notwithstanding the amendments made by subsection (a) [amending this section], a member who on September 30, 1986 section 476 of title 37 Rates of Pay for Fiscal Year 2004 Rates of pay authorized under subsec. (a)(1) of this section from Oct. 1, 2003 Sept. 30, 2004 section 1104 of Pub. L. 108106 section 310 of this title Temporary Increase in Family Separation Allowance; Persian Gulf Conflict Pub. L. 10225, title III,  302 Apr. 6, 1991 105 Stat. 80  (a)  Increased Rate In lieu of the family separation allowance specified in section 427(b)(1) of title 37 (b)  Period of Applicability Subsection (a) shall apply during the period beginning on January 15, 1991 Family Separation Allowance for Members in Missing Status During the Vietnam Conflict Pub. L. 91534 Dec. 7, 1970 84 Stat. 1392  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 section 427(b) of title 37 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 [ 428. Renumbered  488] [ 429. Renumbered  489] [ 430. Renumbered  490]  431. Benefits for certain members assigned to the Defense Intelligence Agency (a) The Secretary of Defense may provide to members of the armed forces described in subsection (e) allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (2), (3), (4), (6), (7), (8), and (13) of section 901 and sections 705 and 903 of the Foreign Service Act of 1980 ( 22 U.S.C. 4081(2) section 5924(4) of title 5 (b) The authority of the Secretary of Defense to make payments under subsection (a) is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. (c) Members of the armed forces may not receive benefits under both subsection (a) and any other provision of this title for the same purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection. (d) Regulations prescribed under subsection (a) may not take effect until the Secretary of Defense has submitted such regulations to (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. (e) Subsection (a) applies to members of the armed forces who (1) are assigned (A) to Defense Attache Offices or Defense Intelligence Agency Liaison Offices outside the United States; or (B) to the Defense Intelligence Agency and engaged in intelligence-related duties outside the United States; and (2) are designated by the Secretary of Defense for the purposes of subsection (a). (Added Pub. L. 99145, title XIII,  1302(b)(1) Nov. 8, 1985 99 Stat. 738 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 10493, title V,  502(b) Jan. 6, 1996 109 Stat. 973 Pub. L. 10665, div. A, title X,  1067(2) Oct. 5, 1999 113 Stat. 774 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(h)(2) Jan. 2, 2013 126 Stat. 1955 Pub. L. 11781, div. A, title VI,  604(a) Dec. 27, 2021 135 Stat. 1767 Pub. L. 117263, div. A, title VI,  615(a) Dec. 23, 2022 136 Stat. 2624  Editorial Notes Amendments 2022 Pub. L. 117263 section 491 of this title Pub. L. 11781 2021 Pub. L. 11781 Pub. L. 117263 2013 Pub. L. 112239 section 431 of this title section 491 of this title 2011 Pub. L. 11281 1999Subsec. (d)(2). Pub. L. 10665 1996Subsec. (a). Pub. L. 10493,  502(b)(1) Subsecs. (d), (e). Pub. L. 10493,  502(b)(2) 1991Subsecs. (b) to (d). Pub. L. 10225 Statutory Notes and Related Subsidiaries Delegation of Authority of Secretary of Defense Pub. L. 99145, title XIII,  1302(b)(3) Nov. 8, 1985 99 Stat. 738 Pub. L. 100180, div. A, title XIII,  1314(d)(4) Dec. 4, 1987 101 Stat. 1176 The authority of the Secretary of Defense under section 431 of title 37 section 113(d) of title 10 [Amendment to section 1302(b)(3) of Pub. L. 99145 Pub. L. 100180 Oct. 1, 1986 section 1314(e)(2) of Pub. L. 100180 section 413 of this title [ 432. Renumbered  492]  433. Allowance for muster duty (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 (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 (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 (Added Pub. L. 101189, div. A, title V,  502(b)(1) Nov. 29, 1989 103 Stat. 1436 Pub. L. 101510, div. A, title XIV,  1484(h)(5) Nov. 5, 1990 104 Stat. 1718 Pub. L. 104106, div. A, title XV,  1501(d)(4)(B) Feb. 10, 1996 110 Stat. 501 Pub. L. 10585, div. A, title VI,  627 Nov. 18, 1997 111 Stat. 1795 Pub. L. 11281, div. A, title VI,  631(f)(4)(A) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Pub. L. 117263, div. A, title VI,  626(h)(5) Dec. 23, 2022 136 Stat. 2629  Editorial Notes Amendments 2022Subsec. (b). Pub. L. 117263 2013Subsec. (b). Pub. L. 112239,  1076(a)(9) Pub. L. 11281,  631(f)(4)(A) 2011Subsec. (b). Pub. L. 11281,  631(f)(4)(A) Pub. L. 112239,  1076(a)(9) 1997Subsec. (c). Pub. L. 10585 1996Subsec. (a). Pub. L. 104106 section 12319 of title 10 section 687 of title 10 1990Subsec. (a). Pub. L. 101510 section 687 of title 10 section 691 of title 10 Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 112239, div. A, title X,  1076(a) Jan. 2, 2013 126 Stat. 1947 Dec. 31, 2011 Pub. L. 11281 Effective Date of 1996 Amendment Amendment by Pub. L. 104106 Pub. L. 103337 Oct. 5, 1994 section 1501(f)(3) of Pub. L. 104106 section 113 of Title 10 Effective Date of 1990 Amendment Pub. L. 101510, div. A, title XIV,  1484(h)(5) Nov. 5, 1990 104 Stat. 1718 Nov. 29, 1989  433a. Allowance for participation in Ready Reserve screening (a)  Allowance Authorized (1) Under regulations prescribed by the Secretaries concerned, a member of the Individual Ready Reserve may be paid a stipend for participation in the screening performed pursuant to section 10149 of title 10 section 12319 of title 10 (2) The stipend paid a member under this section shall constitute the sole monetary allowance authorized for participation in the screening described in paragraph (1), and shall constitute payment in full to the member for participation in such screening, regardless of the grade or rank in which the member is serving. (b)  Maximum Payment The aggregate amount of the stipend paid a member of the Individual Ready Reserve under this section in any calendar year may not exceed $50. (c)  Payment Requirements (1) The stipend authorized by this section may not be disbursed in kind. (2) Payment of a stipend to a member of the Individual Ready Reserve under this section for participation in screening shall be made on or after the date of participation in such screening, but not later than 30 days after such date. (Added Pub. L. 110181, div. A, title VI,  633(a)(1) Jan. 28, 2008 122 Stat. 154 [ 434. Renumbered  494]  435. Funeral honors duty: allowance (a)  Allowance Authorized (1) The Secretary concerned may authorize payment of an allowance to a member of the Ready Reserve for any day on which the member performs at least two hours of funeral honors duty pursuant to section 12503 of title 10 section 115 of title 32 (2) The Secretary concerned may also authorize payment of that allowance to a member of the armed forces in a retired status for any day on which the member serves in a funeral honors detail under section 1491 of title 10 (b)  Amount The daily rate of an allowance under this section is $50. (Added Pub. L. 10665, div. A, title V,  578(j) Oct. 5, 1999 113 Stat. 630 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title V,  561(b) Dec. 28, 2001 115 Stat. 1119 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 116283, div. A, title VI,  604(b) Jan. 1, 2021 134 Stat. 3672  Editorial Notes Prior Provisions A prior section 435 was renumbered section 495 of this title Amendments 2021 Pub. L. 116283,  604(b)(1) section 495 of this title Subsec. (c). Pub. L. 116283,  604(b)(2) 2011 Pub. L. 11281,  631(d)(2) section 435 of this title Subsec. (c). Pub. L. 11281,  631(e)(32) 2001Subsec. (a). Pub. L. 107107 2000 Pub. L. 106398,  1 [[div. A] Pub. L. 10665,  578(j) Subsec. (c). Pub. L. 106398,  1 [[div. A] section 12503 of title 10 section 115 of title 32 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Amendment by section 1 [[div. A], title V,  575(b)] of Pub. L. 106398 Oct. 1, 2000 Pub. L. 106398 section 12503 of Title 10 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Oct. 5, 1999 Pub. L. 10665  436. High-deployment allowance: lengthy or numerous deployments; frequent mobilizations (a)  Monthly Allowance The Secretary of the military department concerned may pay a high-deployment allowance to a member of the armed forces under the Secretarys jurisdiction for each month during which the member (1) is deployed; and (2) at any time during that month (A) has been deployed for 191 or more consecutive days (or a lower number of consecutive days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness); (B) has been deployed, out of the preceding 730 days, for a total of 401 or more days (or a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness); or (C) in the case of a member of a reserve component, is on active duty (i) under a call or order to active duty for a period of more than 30 days that is the second (or later) such call or order to active duty (whether voluntary or involuntary) for that member in support of the same contingency operation; or (ii) for a period of more than 30 days under section 12304b of title 10 section 101(a)(13)(B) of title 10 (b)  Definition of Deployed In this section, the term deployed, with respect to a member, means that the member is deployed or in a deployment within the meaning of section 991(b) of title 10 (c)  Rate The monthly rate of the allowance payable to a member under this section shall be determined by the Secretary concerned, not to exceed $1,000 per month. (d)  Payment of Claims A claim of a member for payment of the high-deployment allowance that is not fully substantiated by the recordkeeping system applicable to the member under section 991(c) of title 10 (e)  Relationship to Other Allowances A high-deployment allowance payable to a member under this section is in addition to any other pay or allowance payable to the member under any other provision of law. (f)  National Security Waiver No allowance may be paid under this section to a member for any month during which the applicability of section 991 of title 10 (g)  Authority to Exclude Certain Duty Assignments The Secretary concerned may exclude members serving in specified duty assignments from eligibility for the high-deployment allowance while serving in those assignments. Any such specification of duty assignments may only be made with the approval of the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness. Specification of a particular duty assignment for purposes of this subsection may not be implemented so as to apply to the member serving in that position at the time of such specification. (h)  Payment From Operation and Maintenance Funds The monthly allowance payable to a member under this section shall be paid from appropriations available for operation and maintenance for the armed force in which the member serves. (Added Pub. L. 10665, div. A, title V,  586(b) Oct. 5, 1999 113 Stat. 638 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title V,  592(a) Dec. 28, 2001 115 Stat. 1125 Pub. L. 108136, div. A, title V,  541(b)(1) Nov. 24, 2003 117 Stat. 1476 Pub. L. 11281, div. A, title V,  530(a) Dec. 31, 2011 125 Stat. 1403 Pub. L. 115232, div. A, title VI,  602 Aug. 13, 2018 132 Stat. 1794  Editorial Notes Amendments 2018Subsec. (a)(2)(C)(ii). Pub. L. 115232 section 12304b of title 10 2011Subsec. (a). Pub. L. 11281 2003 Pub. L. 108136,  541(b)(5)(A) Subsec. (a). Pub. L. 108136,  541(b)(1) Subsec. (c). Pub. L. 108136,  541(b)(2) Subsec. (d). Pub. L. 108136,  541(b)(4)(A) Subsec. (e). Pub. L. 108136,  541(b)(4)(B) Subsec. (f). Pub. L. 108136,  541(b)(4)(C) Subsecs. (g), (h). Pub. L. 108136,  541(b)(3) 2001Subsec. (a). Pub. L. 107107 2000 Pub. L. 106398,  1 [[div. A] section 435 of this title Subsec. (a). Pub. L. 106398,  1 [[div. A] Subsec. (b). Pub. L. 106398,  1 [[div. A] Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Pub. L. 11281, div. A, title V,  530(b) Dec. 31, 2011 125 Stat. 1403 The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [ Dec. 31, 2011 Effective Date Pub. L. 10665, div. A, title V,  586(d)(2) Oct. 5, 1999 113 Stat. 639 Section 435 [now 436] of title 37, United States Code (as added by subsection (b)) [this section], shall take effect on October 1, 2001  437. Allowance to cover monthly premiums for Servicemembers Group Life Insurance: members serving in a designated duty assignment (a)  Required Reimbursement for Premium Deduction (1) In the case of a member of the armed forces who has insurance coverage for the member under the Servicemembers Group Life Insurance program under subchapter III of chapter 19 of title 38 and who serves in a designated duty assignment at any time during a month, the Secretary concerned shall pay the member an allowance under this section for that month in an amount equal to the amount of the deduction made under subsection (a)(1) of section 1969 of such title for the amount of Servicemembers Group Life Insurance coverage held by the member under section 1967 of such title. (2) In this subsection, the term designated duty assignment means a permanent or temporary duty assignment outside the United States or its possessions in support of a contingency operation in an area that (A) has been designated a combat zone; or (B) is in direct support of an area that has been designated a combat zone. (b)  Notice of Availability of Allowance To the maximum extent practicable, in advance of the deployment of a member to a designated duty assignment referred to in subsection (a), the Secretary concerned shall give the member information regarding the following: (1) The availability of the allowance under this section for members insured under the Servicemembers Group Life Insurance program. (2) The ability of members who elected not to be insured under Servicemembers Group Life Insurance, or elected less than the maximum coverage amount available for such insurance, to obtain insurance, or to obtain additional coverage, as the case may be, under the authority provided in section 1967(c) of title 38 (Added Pub. L. 109163, div. A, title VI,  613(a) Jan. 6, 2006 119 Stat. 3291 Pub. L. 109364, div. A, title VI,  606(a) Oct. 17, 2006 120 Stat. 2246 Pub. L. 110181, div. A, title X,  1063(c)(5) Jan. 28, 2008 122 Stat. 322 Pub. L. 114328, div. A, title VI,  644(a) Dec. 23, 2016 130 Stat. 2166  Editorial Notes Amendments 2016 Pub. L. 114328,  644(b)(2) Subsec. (a). Pub. L. 114328,  644(a) Subsec. (b). Pub. L. 114328,  644(b)(1) 2008Subsec. (a). Pub. L. 110181 Pub. L. 109364,  606(b)(1)(A) 2006 Pub. L. 109364,  606(c) Subsec. (a). Pub. L. 109364,  606(b)(1)(B) section 1969 of title 38 Pub. L. 109364,  606(b)(1)(A) Pub. L. 110181 Subsec. (a)(1). Pub. L. 109364,  606(a) Subsecs. (b), (c). Pub. L. 109364,  606(b)(2) section 1969(a)(1) of title 38 Statutory Notes and Related Subsidiaries Effective Date of 2016 Amendment Pub. L. 114328, div. A, title VI,  644(c) Dec. 23, 2016 130 Stat. 2167 The amendments made by this section [amending this section] shall apply to service by members of the Armed Forces in a designated duty assignment (as defined in subsection (a)(2) of section 437 of title 37 Dec. 23, 2016 Effective Date of 2008 Amendment Pub. L. 110181, div. A, title X,  1063(c) Jan. 28, 2008 122 Stat. 322 Oct. 17, 2006 Pub. L. 109364 Effective Date of 2006 Amendment Pub. L. 109364, div. A, title VI,  606(d) Oct. 17, 2006 120 Stat. 2246 The amendments made by this section [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [ Oct. 17, 2006 Effective Date Pub. L. 109163, div. A, title VI,  613(c) Jan. 6, 2006 119 Stat. 3292  Section 437 of title 37 Jan. 6, 2006  438. Preventive health services allowance (a)  Demonstration Project During the period beginning on January 1, 2009 December 31, 2011 (b)  Eligible Members (1) Subject to the numerical limitations specified in paragraph (2), a member of the armed forces who is serving on active duty for a period of more than 30 days and meets the medical and dental readiness requirements for the armed force of the member may receive a preventive health services allowance. (2) Not more than 1,500 members of each of the Army, Navy, Air Force, and Marine Corps may receive a preventive health services allowance during any year, of which half in each armed force shall be members without dependents and half shall be members with dependents. (c)  Amount of Allowance The Secretary of the military department concerned shall pay a preventive health services allowance to a member selected to receive the allowance in an amount equal to (1) $500 per year, in the case of a member without dependents; and (2) $1,000 per year, in the case of a member with dependents. (d)  Authorized Preventive Health Services (1) The Secretary of Defense shall specify the types of preventive health services that may be procured using a preventive health services allowance and the frequency at which such services may be procured. (2) At a minimum, authorized preventive health services shall include, taking into consideration the age and gender of the member and dependents of the member: (A) Colorectal screening. (B) Breast screening. (C) Cervical screening. (D) Prostate screening. (E) Annual physical exam. (F) Annual dental exam. (G) Weight and body mass screening. (H) Vaccinations. (3) The Secretary of Defense shall ensure that members selected to receive the preventive health services allowance and their dependents are provided a reasonable opportunity to receive the services authorized under this subsection in their local area. (e)  Data Collection At a minimum, the Secretary of Defense shall monitor and record the health of members receiving a preventive health services allowance and their dependents and the results of the testing required to qualify for payment of the allowance, if conducted. The Secretary shall assess the medical utility of the testing required to qualify for payment of a preventive health allowance. (f)  Reporting Requirement Not later than March 31, 2010 March 31, 2012 (g)  Regulations The Secretary of Defense shall prescribe regulations to carry out this section. (Added Pub. L. 110417 Oct. 14, 2008 122 Stat. 4504  439. Special compensation: members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living (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 (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 members 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 (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. 11184, div. A, title VI,  603(a) Oct. 28, 2009 123 Stat. 2348 Pub. L. 111383, div. A, title VI,  634 Jan. 7, 2011 124 Stat. 4241  Editorial Notes Amendments 2011Subsec. (c). Pub. L. 111383 CHAPTER 8 TRAVEL AND TRANSPORTATION ALLOWANCES    SUBCHAPTER ITRAVEL AND TRANSPORTATION AUTHORITIESNEW LAW  Sec.  451. Definitions.  452. Allowable travel and transportation: general authorities.  453. Allowable travel and transportation: specific authorities.  454. Travel and transportation: pilot programs.  455. Appropriations for travel: may not be used for attendance at certain meetings.  456. Managed travel program refunds.  SUBCHAPTER IIADMINISTRATIVE PROVISIONS  461. Relationship to other travel and transportation authorities.  462. Travel and transportation allowances paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment.  463. Program of compliance; electronic processing of travel claims. 1 1  464. Regulations.  [SUBCHAPTER IIIREPEALED]  [ 471 474b. Repealed.]  [ 475. Transferred.]  [ 475a 494. Repealed.]  [ 495. Transferred.]  Editorial Notes Amendments 2021 Pub. L. 11781, div. A, title VI,  604(b) Dec. 27, 2021 135 Stat. 1768 l Pub. L. 116283, div. A, title IV,  604(c)(2) Jan. 1, 2021 134 Stat. 3672 2019 Pub. L. 11692, div. A, title VI,  606(b) Dec. 20, 2019 133 Stat. 1425 SUBCHAPTER I TRAVEL AND TRANSPORTATION AUTHORITIESNEW LAW  451. Definitions (a)  Definitions Relating to Persons In this subchapter and subchapter II: (1) The term administering Secretary or administering Secretaries means the following: (A) The Secretary of Defense, with respect to the armed forces (including the Coast Guard when it is 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. (2) The term authorized traveler means a person who is authorized travel and transportation allowances when performing official travel ordered or authorized by the administering Secretary. Such term includes the following: (A) A member of the uniformed services. (B) A family member of a member of the uniformed services. (C) A person acting as an escort or attendant for a member or family member who is traveling on official travel or is traveling with the remains of a deceased member or as an escort or attendant for dependents of a member for necessary travel performed not later than one year after the member is unable to accompany the dependents who are incapable of traveling alone. (D) A person who participates in a military funeral honors detail. (E) A Senior Reserve Officers Training Corps cadet or midshipman. (F) An applicant or rejected applicant for enlistment. (G) Any person whose employment or service is considered directly related to a Government official activity or function under regulations prescribed under section 464 of this title (H) Any other person not covered by subparagraphs (A) through (G) who is determined by the administering Secretary pursuant to regulations prescribed under section 464 of this title (i) Transportation of survivors to attend burial services or transfer of deceased members after death overseas as provided in section 453(f) of this title (ii) Transportation of designated individuals incident to the hospitalization of members as provided in section 452(b)(12) of this title (iii) Transportation of designated individuals incident to the repatriation of members as provided in section 452(b)(13) of this title (iv) Transportation of non-medical attendants as provided in section 452(b)(14) of this title (v) Transportation of designated individuals to attend Yellow Ribbon Reintegration Program events as provided in section 452(b)(15) of this title (vi) Transportation of a person with regard to a single event when the administering Secretary determines that the travel is necessary to ensure fairness and equity, respond to emergency or humanitarian circumstances, or serve the best interests of the Government. (vii) Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is outside the continental United States (other than in Alaska or Hawaii). (viii) Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location. (ix) Transportation of 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. (3) The term family member, with respect to a member of the uniformed services, means the following: (A) A dependent, as defined in section 401(a) of this title (B) A child, as defined in section 401(b)(1) of this title (C) A parent, as defined in section 401(b)(2) of this title (D) A sibling of the member. (E) A former spouse of the member. (b)  Definitions Relating to Travel and Transportation Allowances In this subchapter and subchapter II: (1) The term official travel means the following: (A) Military duty or official business performed by an authorized traveler away from a duty assignment location or other authorized location. (B) Travel performed by an authorized traveler ordered to relocate from a permanent duty station to another permanent duty station. (C) Travel performed by an authorized traveler ordered to the first permanent duty station, or separated or retired from uniformed service. (D) Local travel in or around the temporary duty or permanent duty station. (E) Other travel as authorized or ordered by the administering Secretary. (2) The term actual and necessary expenses means expenses incurred in fact by an authorized traveler as a reasonable consequence of official travel. (3) The term travel allowances means the daily lodging, meals, and other related expenses, including relocation expenses, incurred by an authorized traveler while on official travel. (4) The term transportation allowances means the costs of temporarily or permanently moving an authorized traveler, the personal property of an authorized traveler, or a combination thereof. (5) The term transportation-, lodging-, or meals-in-kind means transportation, lodging, or meals provided by the Government without cost to an authorized traveler. (6) The term miscellaneous expenses means authorized expenses incurred in addition to authorized allowances during the performance of official travel by an authorized traveler. (7) The term personal property, with respect to transportation allowances, includes baggage, furniture, and other household items, clothing, privately owned vehicles, house trailers, mobile homes, and any other personal items that would not otherwise be prohibited by any other provision of law or regulation prescribed under section 464 of this title (8) The term relocation allowances means the costs associated with relocating a member of the uniformed services and the members dependents between an old and new temporary or permanent duty assignment location or other authorized location. Such costs include pet quarantine expenses. (9) The term dislocation allowances means the costs associated with relocation of the household of a member of the uniformed services and the members dependents in relation to a change in the members permanent duty assignment location ordered for the convenience of the Government or incident to an evacuation. (10) (A) The term permanent duty assignment location means (i) the official station of a member of the uniformed services; or (ii) the residence of a dependent of a member of the uniformed services. (B) As used in subparagraph (A)(ii), the residence of a dependent who is a student not living with the member while at school is the permanent duty assignment location of the dependent student. (Added Pub. L. 11281, div. A, title VI,  631(b) Dec. 31, 2011 125 Stat. 1453 Pub. L. 11366, div. A, title VI,  621(a)(1) Dec. 26, 2013 127 Stat. 783 Pub. L. 11781, div. A, title VI,  603(b) Dec. 27, 2021 135 Stat. 1766 Pub. L. 117263, div. A, title VI,  626(h)(6) Dec. 23, 2022 136 Stat. 2629  Editorial Notes Amendments 2022Subsec. (a)(2)(H)(i). Pub. L. 117263,  626(h)(6)(A) Subsec. (a)(2)(H)(ii). Pub. L. 117263,  626(h)(6)(B) Subsec. (a)(2)(H)(iii). Pub. L. 117263,  626(h)(6)(C) Subsec. (a)(2)(H)(iv). Pub. L. 117263,  626(h)(6)(D) Subsec. (a)(2)(H)(v). Pub. L. 117263,  626(h)(6)(E) l 2021Subsec. (a)(2)(H)(vii), (viii). Pub. L. 11781,  603(c)(2)(A) Subsec. (a)(2)(H)(ix). Pub. L. 11781,  603(d)(2) Subsec. (b)(8). Pub. L. 11781,  603(b) Subsec. (b)(10). Pub. L. 11781,  603(c)(2)(B) 2013Subsec. (a)(2)(C). Pub. L. 11366 Statutory Notes and Related Subsidiaries Purpose of Consolidation and Reform of Travel and Transportation Authorities of the Uniformed Services Pub. L. 11281, div. A, title VI,  631(a) Dec. 31, 2011 125 Stat. 1452 This section [see Tables for classification] establishes general travel and transportation provisions for members of the uniformed services and other travelers authorized to travel under official conditions. Recognizing the complexities and the changing nature of travel, the amendments made by this section [see Tables for classification] provide the Secretary of Defense and the other administering Secretaries with the authority to prescribe and implement travel and transportation policy that is simple, clear, efficient, and flexible, and that meets mission and servicemember needs, while realizing cost savings that should come with a more efficient and less cumbersome system for travel and transportation. Transition Provisions Pub. L. 11281, div. A, title VI,  632 Dec. 31, 2011 125 Stat. 1465  (a)  Implementation Plan The Secretary of Defense shall develop a plan to implement subchapters I and II of chapter 8 of title 37, United States Code (as added by section 631(b) of this Act), and to transition all of the travel and transportation programs for members of the uniformed services under chapter 7 of title 37, United States Code, solely to provisions of those subchapters by the end of the transition period. (b)  Authority for Modifications to Old-Law Authorities During Transition Period During the transition period, the Secretary of Defense and the Secretaries concerned, in using the authorities under subchapter III of chapter 8 of title 37, United States Code (as so added), may apply those authorities subject to the terms of such provisions and such modifications as the Secretary of Defense may include in the implementation plan required under subsection (a) or in any subsequent modification to that implementation plan. (c)  Coordination The Secretary of Defense shall prepare the implementation plan under subsection (a) and any modification to that plan under subsection (b) in coordination with (1) the Secretary of Homeland Security, with respect to the Coast Guard; (2) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and (3) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration. (d)  Program of Compliance The Secretary of Defense and the other administering Secretaries shall commence the operation of the programs of compliance required by section 463 of title 37 Dec. 31, 2011 (e)  Transition Period In this section, the term transition period means the 10-year period beginning on the first day of the first month beginning after the date of the enactment of this Act.  452. Allowable travel and transportation: general authorities (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 members 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 members 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 members entitlement to transportation, for the members 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 members dependents may not exceed the cost of one Government-procured commercial round-trip travel. (Added Pub. L. 11281, div. A, title VI,  631(b) Dec. 31, 2011 125 Stat. 1455 Pub. L. 11692, div. A, title VI,  607(b) Dec. 20, 2019 133 Stat. 1425 Pub. L. 116283, div. A, title VI,  605 Jan. 1, 2021 134 Stat. 3672 Pub. L. 11781, div. A, title VI Dec. 27, 2021 135 Stat. 1766 Pub. L. 117263, div. A, title VI,  621 Dec. 23, 2022 136 Stat. 2625  Editorial Notes Amendments 2022Subsec. (b)(18), (21). Pub. L. 117263,  621(1) Subsec. (b)(22), (23). Pub. L. 117263,  621(2) 2021Subsec. (b)(18). Pub. L. 11781,  623 Pub. L. 11781,  603(c)(1) Subsec. (b)(19). Pub. L. 11781,  603(c)(1) Subsec. (b)(20). Pub. L. 11781,  603(d)(1)(A) Subsec. (c)(1). Pub. L. 116283,  605 Subsec. (c)(4), (5). Pub. L. 116283,  1299N Subsec. (i). Pub. L. 11781,  603(d)(1)(B) 2019Subsec. (c)(3), (4). Pub. L. 11692  453. Allowable travel and transportation: specific authorities (a)  In General In addition to any other authority for the provision of travel and transportation allowances, the administering Secretaries may provide travel and transportation allowances under this subchapter in accordance with this section. (b)  Authorized Absence From Temporary Duty Location An authorized traveler may be paid travel and transportation allowances, or reimbursed for actual and necessary expenses of travel, incurred at a temporary duty location during an authorized absence from that location. (c)  Movement of Personal Property (1) A member of a uniformed service may be allowed moving expenses and transportation allowances for self and dependents associated with the movement of personal property and household goods, including such expenses when associated with a self-move. (2) The authority in paragraph (1) includes the movement and temporary and non-temporary storage of personal property, household goods, and privately owned vehicles (but not to exceed one privately owned vehicle per member household) in connection with the temporary or permanent move between authorized locations. (3) For movement of household goods, the administering Secretaries shall prescribe weight allowances in regulations under section 464 of this title (4) The administering Secretary may prescribe the terms, rates, and conditions that authorize a member of the uniformed services to ship or store a privately owned vehicle. (5) No carrier, port agent, warehouseman, freight forwarder, or other person involved in the transportation of property may have any lien on, or hold, impound, or otherwise interfere with, the movement of baggage and household goods being transported under this section. (d)  Unusual or Emergency Circumstances An authorized traveler may be provided travel and transportation allowances under this section for unusual, extraordinary, hardship, or emergency circumstances, including circumstances warranting evacuation from a permanent duty assignment location. (e)  Particular Separation Provisions The administering Secretary may provide travel-in-kind and transportation-in-kind for the following persons in accordance with regulations prescribed under section 464 of this title (1) A member who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10. (2) A member who is retired with pay under any other law or who, immediately following at least eight years of continuous active duty with no single break therein of more than 90 days, is discharged with separation pay or is involuntarily released from active duty with separation pay or readjustment pay. (3) A member who is discharged under section 1173 of title 10 (f)  Attendance at Memorial Ceremonies and Services A family member or member of the uniformed services who attends a deceased members repatriation, burial, or memorial ceremony or service may be provided travel and transportation allowances to the extent provided in regulations prescribed under section 464 of this title (g)  Reimbursement of Qualifying Spouse Relicensing Costs or Business Costs Incident to a Members Permanent Change of Station or Assignment (1) From amounts otherwise made available for a fiscal year to provide travel and transportation allowances under this chapter, the Secretary concerned may reimburse a member of the uniformed services for qualified relicensing costs or qualified business costs of the spouse of the member when (A) the member is reassigned, either as a permanent change of station or permanent change of assignment, between duty stations located in separate jurisdictions with unique licensing or certification requirements and authorities; and (B) the movement of the members dependents is authorized at the expense of the United States under this section as part of the reassignment. (2) (A) Reimbursement provided to a member under this subsection for qualified relicensing costs may not exceed $1,000 in connection with each reassignment described in paragraph (1). (B) Reimbursement provided to a member under this subsection for qualified business costs may not exceed $1,000 in connection with each reassignment described in paragraph (1). (3) No reimbursement may be provided under this subsection for qualified relicensing costs or qualified business costs paid or incurred after December 31, 2029 (4) In this subsection, the term qualified relicensing costs means costs, including exam, continuing education courses, business license, permit, and registration fees, incurred by the spouse of a member if (A) the spouse was licensed or certified in a profession, or owned a business, during the members previous duty assignment and requires a new professional license or certification, or business license or permit, to engage in that profession in a new jurisdiction because of movement described in paragraph (1)(B) in connection with the members change in duty location pursuant to reassignment described in paragraph (1)(A); and (B) the costs were incurred or paid to secure or maintain the professional license or certification, or business license or permit, from the new jurisdiction in connection with such reassignment. (5) In this subsection, the term qualified business costs means costs, including moving services for equipment, equipment removal, new equipment purchases, information technology expenses, and inspection fees, incurred by the spouse of a member if (A) the spouse owned a business during the members previous duty assignment and the costs result from a movement described in paragraph (1)(B) in connection with the members change in duty location pursuant to reassignment described in paragraph (1)(A); and (B) the costs were incurred or paid to move such business to a new location in connection with such reassignment. (h)  Reimbursement for Transportation of Pets Arising From Certain Permanent Changes of Stations (1) The Secretary concerned may reimburse a member for any cost related to the relocation of a pet that arises from a permanent change of station of such member within the continental United States. Such reimbursement may not exceed $550 for each such permanent change of station. (2) The Secretary concerned may reimburse a member for any cost related to the relocation of a pet that arises from a permanent change of station of such member to or from a duty station located outside the continental United States. Such reimbursement may not exceed $4,000 for each such permanent change of station. (i)  Attendance at Professional Military Education Institution or Training Classes. (1) The Secretary of the military department concerned may authorize temporary duty status, and travel and transportation allowances payable to a member in such status, for a member under the jurisdiction of such Secretary who is reassigned (A) between duty stations located within the United States; (B) for a period of not more than one year; (C) for the purpose of participating in professional military education or training classes, (D) with orders to return to the duty station where the member maintains primary residence and the dependents of such member reside. (2) If the Secretary of the military department concerned assigns permanent duty status to a member described in paragraph (1), such member shall be eligible for travel and transportation allowances including the following: (A) Transportation, including mileage at the same rate paid for a permanent change of station. (B) Per diem while traveling between the permanent duty station and professional military education institution or training site. (C) Per diem paid in the same manner and amount as temporary lodging expenses. (D) Per diem equal to the amount of the basic allowance for housing under section 403 of this title (i) in the grade of such member; (ii) without dependents; (iii) who resides in the military housing area in which the professional military education institution or training site is located. (E) Movement of household goods in an amount determined under applicable regulations. (Added Pub. L. 11281, div. A, title VI,  631(b) Dec. 31, 2011 125 Stat. 1457 Pub. L. 11366, div. A, title VI,  621(c)(1) Dec. 26, 2013 127 Stat. 783 Pub. L. 114328, div. A, title V,  522(c) Dec. 23, 2016 130 Stat. 2116 Pub. L. 116283, div. A, title VI,  622(a) Jan. 1, 2021 134 Stat. 3676 Pub. L. 117263, div. A, title VI Dec. 23, 2022 136 Stat. 26252627  Editorial Notes Amendments 2022Subsec. (g). Pub. L. 117263,  622(a)(1) Subsec. (g)(1). Pub. L. 117263,  622(a)(2) Subsec. (g)(2). Pub. L. 117263,  622(a)(3) Subsec. (g)(3). Pub. L. 117263 December 31, 2029 December 31, 2024 Subsec. (g)(4). Pub. L. 117263,  622(a)(5)(A) Subsec. (g)(4)(A). Pub. L. 117263,  622(a)(5)(B) Subsec. (g)(4)(B). Pub. L. 117263,  622(a)(5)(C) Subsec. (g)(5). Pub. L. 117263,  622(a)(6) Subsec. (h). Pub. L. 117263,  624 Subsec. (i). Pub. L. 117263,  625 2021Subsec. (g). Pub. L. 116283 2016Subsec. (g). Pub. L. 114328 section 464 of this title 2013Subsec. (c)(3). Pub. L. 11366,  621(h) Subsec. (g). Pub. L. 11366,  621(c)(1) Statutory Notes and Related Subsidiaries Storage of Household Effects Pub. L. 101510, div. A, title V,  503(c) Nov. 5, 1990 104 Stat. 1558 Pub. L. 103160, div. A, title V,  561 l Nov. 30, 1993 107 Stat. 1668 Pub. L. 105261, div. A, title V,  561(f) Oct. 17, 1998 112 Stat. 2025 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 11281, div. A, title VI,  631(f)(4)(B) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  (1) The Secretary of a military department shall exercise the authority provided by section 476 of title 37 October 1, 1990 December 31, 2001 (2) For purposes of this subsection, the term involuntarily separated has the meaning given that term in section 1141 of title 10  454. Travel and transportation: pilot programs (a)  Pilot Programs Except as otherwise prohibited by law, the Secretary of Defense may conduct pilot programs to evaluate alternative travel and transportation programs, policies, and processes for Department of Defense authorized travelers. Any such pilot program shall be designed to enhance cost savings or other efficiencies that accrue to the Government and be conducted so as to evaluate one or more of the following: (1) Alternative methods for performing and reimbursing travel. (2) Means for limiting the need for travel. (3) Means for reducing the environmental impact of travel. (b)  Limitations (1) Not more than three pilot programs may be carried out under subsection (a) at any one time. (2) The duration of a pilot program may not exceed four years. (3) The authority to carry out a pilot program is subject to the availability of appropriated funds. (c)  Reports (1) Not later than 30 days before the commencement of a pilot program under subsection (a), the Secretary shall submit to the congressional defense committees a report on the pilot program. The report on a pilot program under this paragraph shall set forth a description of the pilot program, including the following: (A) The purpose of the pilot program. (B) The duration of the pilot program. (C) The cost savings or other efficiencies anticipated to accrue to the Government under the pilot program. (2) Not later than 60 days after the completion of a pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. The report on a pilot program under this paragraph shall set forth the following: (A) A description of results of the pilot program. (B) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program. (d)  Congressional Defense Committees Defined In this section, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10 (Added Pub. L. 11281, div. A, title VI,  631(b) Dec. 31, 2011 125 Stat. 1458  Statutory Notes and Related Subsidiaries Pilot Program To Reimburse Members of the Armed Forces for Certain Child Care Costs Incident to a Permanent Change of Station or Assignment Pub. L. 117263, div. A, title VI,  627 Dec. 23, 2022 136 Stat. 2630  (a)  Establishment The Secretary of Defense shall carry out a pilot program to reimburse members of the Armed Forces for certain child care costs incident to a permanent change of station or assignment. (b)  Travel and Transportation Allowances Under the pilot program, the Secretary of Defense shall treat a designated child care provider as an authorized traveler if child care is not available to a member of the Armed Forces at a military child development center at the permanent duty location of such member not later than 30 days after the member arrives at such location. (c)  Reimbursement of Certain Child Care Costs. (1)  Authority Under the pilot program, the Secretary of Defense may reimburse a member of the Armed Forces for travel expenses for a designated child care provider when (A) the member is reassigned, either as a permanent change of station or permanent change of assignment, to a new duty station; (B) the movement of the members dependents is authorized at the expense of the United States under section 451 of title 37 (C) child care is not available at a military child development center at such duty station not later than 30 days after the member arrives at such duty station; and (D) the dependent child is on the wait list for child care at such military child development center. (2)  Maximum amounts Reimbursement provided to a member under this subsection may not exceed (A) $500 for a reassignment between duty stations within the continental United States; and (B) $1,500 for a reassignment involving a duty station outside of the continental United States. (3)  Deadline A member may not apply for reimbursement under this subsection later than one year after a reassignment described in paragraph (1). (4)  Concurrent receipt prohibited In the event a household contains more than one member eligible for reimbursement under this subsection, reimbursement may be paid to one member among such members as such members shall jointly elect. (d)  Report Not later than January 1, 2027 (e)  Termination The pilot program shall terminate on September 30, 2028 (f)  Definitions In this section: (1) The term authorized traveler has the meaning given such term in section 451 of title 37 (2) The term designated child care provider means an adult selected by a member of the armed forces to provide child care to a dependent child of such member. (3) The term military child development center has the meaning given such term in section 1800 of title 10  455. Appropriations for travel: may not be used for attendance at certain meetings  Appropriations of the Department of Defense that are available for travel may not, without the approval of the Secretary concerned or his designee, be used for expenses incident to attendance of a member of an armed force under that department at a meeting of a technical, scientific, professional, or similar organization. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 476 Pub. L. 11281, div. A, title VI,  631(d)(1) Dec. 31, 2011 125 Stat. 1460        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  412 5:174a. Aug. 1, 1953, ch. 305,  605 67 Stat. 349 The words may not . . . be used are substituted for the words shall not be available. The words on and after August 1, 1953 July 7, 1958 Pub. L. 85507 72 Stat. 327 Editorial Notes Prior Provisions Act Aug. 1, 1953 July 10, 1952, ch. 630 66 Stat. 531 Oct. 18, 1951, ch. 512 65 Stat. 445 Sept. 6, 1950, ch. 896 64 Stat. 752 Oct. 29, 1949, ch. 787 63 Stat. 1018 June 24, 1948, ch. 632 62 Stat. 652 July 30, 1947, ch. 357 61 Stat. 554 July 16, 1946, ch. 583 60 Stat. 545 July 3, 1945, ch. 265 59 Stat. 388 June 28, 1944, ch. 303 58 Stat. 577 Amendments 2011 Pub. L. 11281 section 412 of this title  456. Managed travel program refunds (a)  Credit of Refunds The Secretary of Defense may credit refunds attributable to Department of Defense managed travel programs as a direct result of official travel to such operation and maintenance or research, development, test, and evaluation accounts of the Department as designated by the Secretary that are available for obligation for the fiscal year in which the refund or amount is collected. (b)  Use of Refunds Refunds credited under subsection (a) may only be used for official travel or operations and efficiency improvements for improved financial management of official travel. (c)  Definitions In this section: (1)  Managed travel program The term managed travel program includes air, rental car, train, bus, dining, lodging, and travel management, but does not include rebates or refunds attributable to the use of the Government travel card, the Government Purchase Card, or Government travel arranged by Government Contracted Travel Management Centers. (2)  Refund The term refund includes miscellaneous receipts credited to the Department identified as a refund, rebate, repayment, or other similar amounts collected. (Added Pub. L. 11692, div. A, title VI,  606(a) Dec. 20, 2019 133 Stat. 1424 SUBCHAPTER II ADMINISTRATIVE PROVISIONS  461. Relationship to other travel and transportation authorities  An authorized traveler may not be paid travel and transportation allowances or receive travel-in-kind and transportation-in-kind, or a combination thereof, under both subchapter I and subchapter III for official travel performed under a single or related travel and transportation order or authorization by the administering Secretary. (Added Pub. L. 11281, div. A, title VI,  631(b) Dec. 31, 2011 125 Stat. 1459  462. Travel and transportation allowances paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment (a)  Repayment Required Except as provided in subsection (b), a member of the uniformed services or other person who is paid travel and transportation allowances under subchapter I shall repay to the United States any amount of such payment that is determined to be unauthorized or in excess of the applicable authorized amount. (b)  Exception The regulations prescribed under section 464 of this title (c)  Effect of Bankruptcy An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date on which the debt was incurred. (Added Pub. L. 11281, div. A, title VI,  631(b) Dec. 31, 2011 125 Stat. 1459  463. Programs of compliance; electronic processing of travel claims (a)  Programs of Compliance The administering Secretaries shall provide for compliance with the requirements of this chapter through programs of compliance established and maintained for that purpose. (b)  Elements The programs of compliance under subsection (a) shall (1) minimize the provision of benefits under this chapter based on inaccurate claims, unauthorized claims, overstated or inflated claims, and multiple claims for the same benefits through the electronic verification of travel claims on a near-time basis and such other means as the administering Secretaries may establish for purposes of the programs of compliance; and (2) ensure that benefits provided under this chapter do not exceed reasonable or actual and necessary expenses of travel claimed or reasonable allowances based on commercial travel rates. (c)  Electronic Processing of Travel Claims (1) By not later than the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, any travel claim under this chapter shall be processed electronically. (2) The administering Secretary, or the Secretarys designee, may waive the requirement in paragraph (1) with respect to a particular claim in the interests of the department concerned. (3) The electronic processing of claims under this subsection shall be subject to the regulations prescribed by the Secretary of Defense under section 464 of this title (Added Pub. L. 11281, div. A, title VI,  631(b) Dec. 31, 2011 125 Stat. 1459  Editorial Notes  References in Text The date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 11281 Dec. 31, 2011  464. Regulations  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. 11281, div. A, title VI,  631(b) Dec. 31, 2011 125 Stat. 1460 [SUBCHAPTER III REPEALED] [ 471 to 474b. Repealed. Pub. L. 11781, div. A, title VI,  604(a) Dec. 27, 2021 135 Stat. 1767   Section 471, added Pub. L. 11281, div. A, title VI,  631(b) Dec. 31, 2011 125 Stat. 1460  Section 472, added Pub. L. 11281, div. A, title VI,  631(b) Dec. 31, 2011 125 Stat. 1460  Section 474, Pub. L. 87649 Sept. 7, 1962 76 Stat. 472 Pub. L. 89680,  1(1) Oct. 15, 1966 80 Stat. 957 Pub. L. 89718 Nov. 2, 1966 80 Stat. 1122 Pub. L. 90168,  3 Dec. 1, 1967 81 Stat. 525 Pub. L. 91183 Dec. 30, 1969 83 Stat. 840 Pub. L. 94296,  1 May 29, 1976 90 Stat. 584 Pub. L. 96342, title VIII,  807(a) Sept. 8, 1980 94 Stat. 1096 Pub. L. 96343,  5(a) Sept. 8, 1980 94 Stat. 1126 Pub. L. 9760, title I,  121(a) Oct. 14, 1981 95 Stat. 999 Pub. L. 9894, title IX,  908(b) Sept. 24, 1983 97 Stat. 637 Pub. L. 98525, title V,  533(g) Oct. 19, 1984 98 Stat. 2528 Pub. L. 99145, title VI,  612(a) Nov. 8, 1985 99 Stat. 639 Pub. L. 99500,  101(c) [title IX,  9073] Oct. 18, 1986 100 Stat. 178382 Pub. L. 99591,  101(c) [title IX,  9073] Oct. 30, 1986 100 Stat. 334182 Pub. L. 99661, div. A, title VI,  614(a) Nov. 14, 1986 100 Stat. 3879 Pub. L. 10026,  8(a) Apr. 21, 1987 101 Stat. 284 Pub. L. 100180, div. A, title VI,  617(a) Dec. 4, 1987 101 Stat. 1096 Pub. L. 101189, div. A, title VI,  621(a) Nov. 29, 1989 103 Stat. 1446 Pub. L. 101510, div. A, title V,  503(a) Nov. 5, 1990 104 Stat. 1558 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title VI,  624 Oct. 23, 1992 106 Stat. 2423 Pub. L. 103160, div. A, title V,  561 l Nov. 30, 1993 107 Stat. 1668 Pub. L. 103337, div. A, title VI Oct. 5, 1994 108 Stat. 2784 Pub. L. 104106, div. A, title VI,  621 Feb. 10, 1996 110 Stat. 363 Pub. L. 104201, div. A, title XII,  1252 Sept. 23, 1996 110 Stat. 2698 Pub. L. 10585, div. A, title VI,  602(b)(1) Nov. 18, 1997 111 Stat. 1772 Pub. L. 105261, div. A, title V,  561(f) Oct. 17, 1998 112 Stat. 2025 Pub. L. 10665, div. A, title VI,  631 Oct. 5, 1999 113 Stat. 661 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  631 Dec. 28, 2001 115 Stat. 1143 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title VI,  621(a) Jan. 2, 2013 126 Stat. 1778 Pub. L. 115232, div. A, title VI,  603(a) Aug. 13, 2018 132 Stat. 1794 Pub. L. 11781, div. A, title VI,  603(a)(2) Dec. 27, 2021 135 Stat. 1766  Section 474a, added Pub. L. 9760, title I,  122(a)(1) Oct. 14, 1981 95 Stat. 1002 Pub. L. 99145, title VI,  613(a) Nov. 8, 1985 99 Stat. 640 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title VI,  621 Oct. 23, 1992 106 Stat. 2422 Pub. L. 103160, div. A, title VI,  621(a) Nov. 30, 1993 107 Stat. 1682 Pub. L. 10665, div. A, title VI,  632 Oct. 5, 1999 113 Stat. 661 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  632(a) Dec. 28, 2001 115 Stat. 1144 Pub. L. 109163, div. A, title VI,  609(b) Jan. 6, 2006 119 Stat. 3290 Pub. L. 110181, div. A, title VI,  603(a) Jan. 28, 2008 122 Stat. 145 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4483 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 474b, added Pub. L. 108136, div. A, title VI,  635(a) Nov. 24, 2003 117 Stat. 1510 Pub. L. 109163, div. A, title VI,  651(a) Jan. 6, 2006 119 Stat. 3311 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Editorial Notes Codification Pub. L. 99591 Pub. L. 99500 Pub. L. 99500 Pub. L. 99591 Aug. 9, 1986 Pub. L. 99500 Pub. L. 99591 Pub. L. 99661 Prior Provisions Provisions similar to those in subsec. (g) of section 474 were contained in the following appropriations acts: Oct. 12, 1984 Pub. L. 98473, title I,  101(h) [title VIII,  8053] 98 Stat. 1904 Dec. 8, 1983 Pub. L. 98212, title VII,  761 97 Stat. 1449 Dec. 21, 1982 Pub. L. 97377, title I,  101(c) [title VII,  767] 96 Stat. 1833 Dec. 29, 1981 Pub. L. 97114, title VII,  771 95 Stat. 1590 Statutory Notes and Related Subsidiaries Effective Date of Repeal Pub. L. 11781, div. A, title VI,  604(a) Dec. 27, 2021 135 Stat. 1767 December 31, 2021 [ 475. Renumbered  405] [ 475a to 490. Repealed. Pub. L. 11781, div. A, title VI,  604(a) Dec. 27, 2021 135 Stat. 1767   Section 475a, added Pub. L. 8926,  1(1) May 22, 1965 79 Stat. 116 Pub. L. 89608,  2 Sept. 30, 1966 80 Stat. 851 Pub. L. 96465, title II,  2303(e) Oct. 17, 1980 94 Stat. 2165 Pub. L. 9760, title I Oct. 14, 1981 95 Stat. 1002 Pub. L. 99661, div. A, title XIII,  1343(b)(3) Nov. 14, 1986 100 Stat. 3995 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title VI,  625(b)(1) Oct. 23, 1992 106 Stat. 2424 Pub. L. 104106, div. A, title VI,  622(a) Feb. 10, 1996 110 Stat. 363 Pub. L. 105261, div. A, title VI,  653(c) Oct. 17, 1998 112 Stat. 2052 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460  Section 476, Pub. L. 87649 Sept. 7, 1962 76 Stat. 473 Pub. L. 88431,  1(a) Aug. 14, 1964 78 Stat. 439 Pub. L. 89101,  2 July 30, 1965 79 Stat. 425 Pub. L. 89680,  1(2) Oct. 15, 1966 80 Stat. 957 Pub. L. 89718 Nov. 2, 1966 80 Stat. 1123 Pub. L. 90623,  3(6) Oct. 22, 1968 82 Stat. 1314 Pub. L. 96107, title VIII,  814 Nov. 9, 1979 93 Stat. 817 Pub. L. 96513, title V,  506(7) Dec. 12, 1980 94 Stat. 2919 Pub. L. 9760, title I,  121(b) Oct. 14, 1981 95 Stat. 1000 Pub. L. 9786, title IV,  404 Dec. 1, 1981 95 Stat. 1105 Pub. L. 97258,  2(i)(1) Sept. 13, 1982 96 Stat. 1061 Pub. L. 97295,  3(4) Oct. 12, 1982 96 Stat. 1303 Pub. L. 9894, title IX,  909 Sept. 24, 1983 97 Stat. 638 Pub. L. 99145, title VI Nov. 8, 1985 99 Stat. 639641 Pub. L. 99433, title VI,  602(f)(2) Oct. 1, 1986 100 Stat. 1070 Pub. L. 99661, div. A, title VI Nov. 14, 1986 100 Stat. 3880 Pub. L. 100180, div. A, title VI,  616(b) Dec. 4, 1987 101 Stat. 1096 Pub. L. 100456, div. A, title VI,  602(a) Sept. 29, 1988 102 Stat. 1976 Pub. L. 101189, div. A, title VI,  623(a) Nov. 29, 1989 103 Stat. 1447 Pub. L. 101510, div. A, title V,  503(b) Nov. 5, 1990 104 Stat. 1558 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102190, div. A, title XI,  1111(d)(4) Dec. 5, 1991 105 Stat. 1492 Pub. L. 102241,  12 Dec. 19, 1991 105 Stat. 2213 Pub. L. 102484, div. A, title VI,  622(a) Oct. 23, 1992 106 Stat. 2422 Pub. L. 103160, div. A, title V,  561 l Nov. 30, 1993 107 Stat. 1668 Pub. L. 104106, div. A, title VI Feb. 10, 1996 110 Stat. 363 Pub. L. 104201, div. A, title III,  368(b) Sept. 23, 1996 110 Stat. 2498 Pub. L. 10585, div. A, title VI Nov. 18, 1997 111 Stat. 1782 Pub. L. 105261, div. A, title V,  561(f) Oct. 17, 1998 112 Stat. 2025 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI Dec. 28, 2001 115 Stat. 1144 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 108136, div. A, title V,  571 Nov. 24, 2003 117 Stat. 1484 Pub. L. 109163, div. A, title VI Jan. 6, 2006 119 Stat. 3312 Pub. L. 110289, div. B, title VI,  2609 July 30, 2008 122 Stat. 2862 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4491 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title VI,  621(b) Jan. 2, 2013 126 Stat. 1779 Pub. L. 11591, div. A, title V,  556(a) Dec. 12, 2017 131 Stat. 1403 Pub. L. 11692, div. A, title V,  577 Dec. 20, 2019 133 Stat. 1406 Pub. L. 116283, div. A, title VI,  622(b) Jan. 1, 2021 134 Stat. 3677  Section 476a, added Pub. L. 88238,  1(1) Dec. 23, 1963 77 Stat. 475 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 476b, added Pub. L. 91210,  1(1) Mar. 13, 1970 84 Stat. 53 Pub. L. 93170 Nov. 29, 1973 87 Stat. 689 Pub. L. 96513, title V,  516(11) Dec. 12, 1980 94 Stat. 2938 Pub. L. 9722,  11(b)(3)(A) July 10, 1981 95 Stat. 138 Pub. L. 99145, title VI,  616(a) Nov. 8, 1985 99 Stat. 641 Pub. L. 10026,  8(d)(7) Apr. 21, 1987 101 Stat. 285 Pub. L. 100180, div. A, title XII,  1233(a)(3) Dec. 4, 1987 101 Stat. 1161 Pub. L. 101189, div. A, title VI,  624(b) Nov. 29, 1989 103 Stat. 1448 Pub. L. 102484, div. A, title X,  1054(a)(5) Oct. 23, 1992 106 Stat. 2502 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 476c, added Pub. L. 101189, div. A, title VI,  624(a)(1) Nov. 29, 1989 103 Stat. 1447 Pub. L. 102190, div. A, title VI,  622 Dec. 5, 1991 105 Stat. 1378 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 477, Pub. L. 87649 Sept. 7, 1962 76 Stat. 474 Pub. L. 8926,  1(3) May 22, 1965 79 Stat. 117 Pub. L. 89718,  60 Nov. 2, 1966 80 Stat. 1123 Pub. L. 90207,  1(4) Dec. 16, 1967 81 Stat. 651 Pub. L. 9760, title I,  124 Oct. 14, 1981 95 Stat. 1003 Pub. L. 99145, title VI,  611(a) Nov. 8, 1985 99 Stat. 639 Pub. L. 99661, div. A, title VI,  619(a) Nov. 14, 1986 100 Stat. 3881 Pub. L. 100180, div. A, title VI,  613 Dec. 4, 1987 101 Stat. 1093 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 104106, div. A, title VI,  624 Feb. 10, 1996 110 Stat. 363 Pub. L. 104201, div. A, title VI,  622(a) Sept. 23, 1996 110 Stat. 2548 Pub. L. 10585, div. A, title VI,  632(a) Nov. 18, 1997 111 Stat. 1795 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI Dec. 28, 2001 115 Stat. 1144 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Pub. L. 11692, div. A, title VI,  607(a) Dec. 20, 2019 133 Stat. 1425  Section 478, Pub. L. 87649 Sept. 7, 1962 76 Stat. 475 Pub. L. 99145, title VI,  619(a) Nov. 8, 1985 99 Stat. 642 Pub. L. 10026,  8(d)(6) Apr. 21, 1987 101 Stat. 285 Pub. L. 102190, div. A, title VI,  623 Dec. 5, 1991 105 Stat. 1379 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 478a, added Pub. L. 110181, div. A, title VI,  631(a)(1) Jan. 28, 2008 122 Stat. 153 Pub. L. 111383, div. A, title VI,  621 Jan. 7, 2011 124 Stat. 4238 Pub. L. 11281, div. A, title VI Dec. 31, 2011 125 Stat. 1452 Pub. L. 112239, div. A, title VI,  611(7) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  611(7) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  611(7) Dec. 19, 2014 128 Stat. 3399 Pub. L. 11492, div. A, title VI,  611(7) Nov. 25, 2015 129 Stat. 837 Pub. L. 114328, div. A, title VI Dec. 23, 2016 130 Stat. 2157 Pub. L. 11591, div. A, title VI,  611(7) Dec. 12, 2017 131 Stat. 1421  Section 479, Pub. L. 87649 Sept. 7, 1962 76 Stat. 475 Pub. L. 88406 Aug. 7, 1964 78 Stat. 383 Pub. L. 89718 Nov. 2, 1966 80 Stat. 1123 Pub. L. 90246 Jan. 2, 1968 81 Stat. 782 Pub. L. 96342, title VIII,  808(a)(1) Sept. 8, 1980 94 Stat. 1096 Pub. L. 10026,  8(e)(6) Apr. 21, 1987 101 Stat. 286 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 107314, div. A, title VI,  654(b)(3) Dec. 2, 2002 116 Stat. 2582 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 480, Pub. L. 87649 Sept. 7, 1962 76 Stat. 475 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 481, Pub. L. 87649 Sept. 7, 1962 76 Stat. 476 Pub. L. 8926,  1(5) May 22, 1965 79 Stat. 117 Pub. L. 96343,  5(b) Sept. 8, 1980 94 Stat. 1126 Pub. L. 96513, title V,  516(12) Dec. 12, 1980 94 Stat. 2938 Pub. L. 9760, title I,  122(b) Oct. 14, 1981 95 Stat. 1003 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 481a, added Pub. L. 90207,  9(1) Dec. 16, 1967 81 Stat. 655 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Pub. L. 114328, div. A, title VI,  618(h)(3) Dec. 23, 2016 130 Stat. 2161  Section 481b, added Pub. L. 93213,  1(1) Dec. 28, 1973 87 Stat. 910 Pub. L. 9760, title I,  125 Oct. 14, 1981 95 Stat. 1003 Pub. L. 99145, title VI,  615(a) Nov. 8, 1985 99 Stat. 641 Pub. L. 10026,  8(d)(8) Apr. 21, 1987 101 Stat. 286 Pub. L. 100180, div. A, title VI,  614(d)(1) Dec. 4, 1987 101 Stat. 1095 Pub. L. 102190, div. A, title VI,  624 Dec. 5, 1991 105 Stat. 1379 Pub. L. 104201, div. A, title VI,  623(a) Sept. 23, 1996 110 Stat. 2548 Pub. L. 107107, div. A, title VI,  637 Dec. 28, 2001 115 Stat. 1146 Pub. L. 107314, div. A, title VI Dec. 2, 2002 116 Stat. 2570 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 481c, added Pub. L. 9760, title I,  126(a) Oct. 14, 1981 95 Stat. 1003 Pub. L. 10026,  8(d)(9) Apr. 21, 1987 101 Stat. 286 Pub. L. 105261, div. A, title VI,  633(a) Oct. 17, 1998 112 Stat. 2044 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460  Section 481d, added Pub. L. 9760, title I,  126(a) Oct. 14, 1981 95 Stat. 1004 Pub. L. 98525, title VI,  612(a)(1) Oct. 19, 1984 98 Stat. 2538 Pub. L. 10026,  8(e)(6) Apr. 21, 1987 101 Stat. 286 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 103337, div. A, title VI,  623 Oct. 5, 1994 108 Stat. 2784 Pub. L. 10665, div. A, title VI,  633 Oct. 5, 1999 113 Stat. 661 Pub. L. 107314, div. A, title VI,  654(b)(5) Dec. 2, 2002 116 Stat. 2582 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460  Section 481e, added Pub. L. 9760, title I,  126(a) Oct. 14, 1981 95 Stat. 1004 Pub. L. 100456, div. A, title VI,  623(a) Sept. 29, 1988 102 Stat. 1984 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 481f, added Pub. L. 99145, title VI,  620(a)(1) Nov. 8, 1985 99 Stat. 642 Pub. L. 100456, div. A, title VI,  632(b) Sept. 29, 1988 102 Stat. 1986 Pub. L. 10335, title II,  204(a)(2) May 31, 1993 107 Stat. 102 Pub. L. 107107, div. A, title VI,  638(a) Dec. 28, 2001 115 Stat. 1146 Pub. L. 108375, div. A, title VI,  631 Oct. 28, 2004 118 Stat. 1956 Pub. L. 110181, div. A, title VI,  632 Jan. 28, 2008 122 Stat. 154 Pub. L. 11184, div. A, title V,  542(b)(1) Oct. 28, 2009 123 Stat. 2299 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 11492, div. A, title VI Nov. 25, 2015 129 Stat. 841 Pub. L. 116283, div. A, title XI,  1104(b) Jan. 1, 2021 134 Stat. 3890  Section 481h, added Pub. L. 100180, div. A, title VI,  615(a)(1) Dec. 4, 1987 101 Stat. 1095 Pub. L. 100456, div. A, title VI,  632(a) Sept. 29, 1988 102 Stat. 1985 Pub. L. 103337, div. A, title VI,  624 Oct. 5, 1994 108 Stat. 2785 Pub. L. 108136, div. A, title VI,  632 Nov. 24, 2003 117 Stat. 1508 Pub. L. 108375, div. A, title VI,  632(a) Oct. 28, 2004 118 Stat. 1956 Pub. L. 10913, div. A, title I,  1026(a) May 11, 2005 119 Stat. 254 Pub. L. 109163, div. A, title VI,  655(b) Jan. 6, 2006 119 Stat. 3314 Pub. L. 109364, div. A, title VI,  631 Oct. 17, 2006 120 Stat. 2258 Pub. L. 11184, div. A, title VI,  632(a) Oct. 28, 2009 123 Stat. 23592362 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 481i, added Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 115232, div. A, title VI,  604 Aug. 13, 2018 132 Stat. 1795 Pub. L. 116283, div. A, title IX,  925(f) Jan. 1, 2021 134 Stat. 3827  Section 481j, added Pub. L. 109163, div. A, title VI,  653(a) Jan. 6, 2006 119 Stat. 3312 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 481k, added Pub. L. 11184, div. A, title VI,  633(a)(1) Oct. 28, 2009 123 Stat. 2362 Pub. L. 111383, div. A, title X,  1075(c)(4) Jan. 7, 2011 124 Stat. 4372 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 481 l Pub. L. 111383, div. A, title VI,  622(a)(1) Jan. 7, 2011 124 Stat. 4238 l l Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 484, added Pub. L. 89554,  5(b) Sept. 6, 1966 80 Stat. 627 Pub. L. 9083,  5(2) Sept. 11, 1967 81 Stat. 221 Pub. L. 90236 Jan. 2, 1968 81 Stat. 764 Pub. L. 90623,  3(7) Oct. 22, 1968 82 Stat. 1315 Pub. L. 92477,  1 Oct. 9, 1972 86 Stat. 793 Pub. L. 93548,  3 Dec. 26, 1974 88 Stat. 1743 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102190, div. A, title X,  1063(a) Dec. 5, 1991 105 Stat. 1476 Pub. L. 104316, title II,  202(s) Oct. 19, 1996 110 Stat. 3845 Pub. L. 105261, div. A, title VI,  653(d) Oct. 17, 1998 112 Stat. 2052 Pub. L. 107314, div. A, title VI,  622(a) Dec. 2, 2002 116 Stat. 2571 Pub. L. 11281, div. A, title VI,  631(d)(3) Dec. 31, 2011 125 Stat. 1461 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948  Section 488, added Pub. L. 92129, title II,  205(a) Sept. 28, 1971 85 Stat. 359 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460  Section 489, added Pub. L. 95561, title XIV,  1407(e)(1)(A) Nov. 1, 1978 92 Stat. 2367 Pub. L. 101510, div. A, title V,  504(a)(1) Nov. 5, 1990 104 Stat. 1559 Pub. L. 107107, div. A, title III,  353(1) Dec. 28, 2001 115 Stat. 1063 Pub. L. 99145, title XIII,  1303(b)(10) Nov. 8, 1985 99 Stat. 741 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Pub. L. 112239, div. A, title X,  1076(a)(6) Jan. 2, 2013 126 Stat. 1948  Section 490, added Pub. L. 9894, title IX,  910(a)(1) Sept. 24, 1983 97 Stat. 638 Pub. L. 101189, div. A, title VI,  625(a) Nov. 29, 1989 103 Stat. 1448 Pub. L. 101510, div. A, title XIV,  1484(e)(1) Nov. 5, 1990 104 Stat. 1717 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 105261, div. A, title VI,  634 Oct. 17, 1998 112 Stat. 2044 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. A, title VI,  639(a) Dec. 28, 2001 115 Stat. 1148 Pub. L. 107314, div. A, title VI,  654(b)(6) Dec. 2, 2002 116 Stat. 2582 Pub. L. 108136, div. A, title VI,  633 Nov. 24, 2003 117 Stat. 1509 Pub. L. 108375, div. A, title VI,  633 Oct. 28, 2004 118 Stat. 1957 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 Editorial Notes Prior Provisions Act Aug. 1, 1953 July 10, 1952, ch. 630 66 Stat. 531 Oct. 18, 1951, ch. 512 65 Stat. 445 Sept. 6, 1950, ch. 896 64 Stat. 752 Oct. 29, 1949, ch. 787 63 Stat. 1017 June 24, 1948, ch. 632 62 Stat. 652 July 30, 1947, ch. 357 61 Stat. 554 July 16, 1946, ch. 583 60 Stat. 545 July 3, 1945, ch. 265 59 Stat. 388 June 28, 1944, ch. 303 58 Stat. 577 July 1, 1943, ch. 185 57 Stat. 351 July 2, 1942, ch. 477 56 Stat. 614 June 30, 1941, ch. 262 55 Stat. 371 June 13, 1940, ch. 343 54 Stat. 356 Apr. 26, 1939, ch. 88 53 Stat. 598 June 11, 1938, ch. 347 52 Stat. 647 July 1, 1937, ch. 423 50 Stat. 448 [ 491. Renumbered  431]  Editorial Notes Codification Section 491 of this title section 431 of this title Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 section 491 of this title Pub. L. 112239, div. A, title X,  1076(h)(2) Jan. 2, 2013 126 Stat. 1955 Pub. L. 11781, div. A, title VI,  604(a) Dec. 27, 2021 135 Stat. 1767 section 431 of this title Pub. L. 117263, div. A, title VI,  615(a) Dec. 23, 2022 136 Stat. 2624 Prior Provisions Provisions similar to section 491 were contained in section 192 of Title 10 Pub. L. 99145 [ 492 to 494. Repealed. Pub. L. 11781, div. A, title VI,  604(a) Dec. 27, 2021 135 Stat. 1767   Section 492, added Pub. L. 99661, div. A, title VI,  615(a)(1) Nov. 14, 1986 100 Stat. 3879 Pub. L. 10026,  8(b)(1) Apr. 21, 1987 101 Stat. 285 Pub. L. 107107, div. A, title IX,  931(c) Dec. 28, 2001 115 Stat. 1200 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460  Section 494, added Pub. L. 102484, div. A, title VI,  623(a)(1) Oct. 23, 1992 106 Stat. 2422 Pub. L. 11281, div. A, title VI,  631(d)(2) Dec. 31, 2011 125 Stat. 1460 [ 495. Renumbered  435] CHAPTER 9 LEAVE    Sec.  501. Payments for unused accrued leave.  502. Absences due to sickness, wounds, and certain other causes.  503. Absence without leave or over leave.  504. Cadets and midshipmen: chapter does not apply to.  Editorial Notes Amendments 1990 Pub. L. 101510, div. A, title XIV,  1484(f)(1) Nov. 5, 1990 104 Stat. 1717  501. Payments for unused accrued leave (a) In this section, the term discharge means (1) in the case of an enlisted member, separation or release from active duty under honorable conditions, termination of an enlistment in conjunction with the commencement of a successive enlistment (without regard to the date of the expiration of the term of the enlistment being terminated), or appointment as an officer; (2) in the case of an officer, separation or release from active duty under honorable conditions; (3) in the case of either an officer or an enlisted member, death while on active duty unless the decedent was put to death as lawful punishment for a crime or a military offense; (4) in the case of an officer or an enlisted member of a reserve component who is not serving on active duty, separation or release from the reserve component under honorable conditions, or death; and (5) in the case of an enlisted member of a reserve component who is not serving on active duty, termination of enlistment in conjunction with the commencement of a successive enlistment, or appointment as an officer. (b) (1) A member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or National Oceanic and Atmospheric Administration, who has accrued leave to the members credit at the time of the members discharge, is entitled to be paid in cash or by a check on the Treasurer of the United States for such leave on the basis of the basic pay to which the member was entitled on the date of discharge. (2) Payment may not be made under this subsection to a member who is discharged for the purpose of accepting an appointment or a warrant in any uniformed service. (3) Payment may not be made to a member for any leave he elects to have carried over to a new enlistment in any uniformed service on the day after the date of his discharge; but payment may be made to a member for any leave he elects not to carry over to a new enlistment. However, the number of days of leave for which payment is made may not exceed sixty, less the number of days for which payment was previously made under this section after February 9, 1976 (4) A member to whom a payment may not be made under this subsection, or a member who reverts from officer to enlisted status, carries the accrued leave standing to his credit from the one status to the other within any uniformed service. (5) The limitation in the second sentence of paragraph (3) and in subsection (f) shall not apply with respect to leave accrued (A) by a member of a reserve component while serving on active duty in support of a contingency operation; (B) by a member of the armed forces in the Retired Reserve while serving on active duty in support of a contingency operation; (C) by a retired member of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force or a member of the Fleet Reserve or Fleet Marine Corps Reserve while the member is serving on active duty in support of a contingency operation; or (D) by a member of a reserve component while serving on active duty, full-time National Guard duty, or active duty for training for a period of more than 30 days but not in excess of 365 days. (6) An enlisted member of the armed forces who would lose accumulated leave in excess of 90 days of leave under section 701(e) of title 10 (c) Unused accrued leave for which payment is made under subsection (b) is not considered as service for any purpose. (d) (1) Payments for unused accrued leave under subsections (b) and (g), in the case of a member who dies while on active duty or in the case of a member or former member who dies after retirement or discharge and before he receives that payment, shall be made in accordance with section 2771 of title 10 (2) The limitations in the second sentence of subsection (b)(3), subsection (f), and the second sentence of subsection (g) shall not apply with respect to a payment made under this subsection. (e) (1) A member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or National Oceanic and Atmospheric Administration who is discharged under other than honorable conditions forfeits all accrued leave to his credit at the time of his discharge. (2) The Secretary concerned may require that a member of a uniformed service who is discharged before completing six months of active duty because of a failure to serve satisfactorily (as determined by the Secretary concerned) forfeit all accrued leave to his credit at the time of his discharge. (f) The number of days upon which payment under subsection (b) or (g) is based may not exceed sixty, less the number of days for which payment has been previously made under such subsections after February 9, 1976 (g) An officer of the Regular Corps of the Public Health Service, or an officer of the Reserve Corps 1 1 (1) whose appointment expires or is terminated and who, without a break in active service, accepts a new appointment; (2) who is retired for age in time of war and is continued on, or recalled to, active duty without a break in active service; or (3) who is transferred to another department or agency of the United States under circumstances in which, by any other law, his leave may be transferred. In this subsection, the term accumulated annual leave means unused accrued annual leave carried forward from one leave year into the next leave year, and the term accrued annual leave means the annual leave accruing to an officer during one leave year. (h) Payment shall be made for all leave accumulated under section 701(f) of title 10 section 551(2) of this title ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 480 Pub. L. 89151 Aug. 28, 1965 79 Stat. 586 Pub. L. 89718 Nov. 2, 1966 80 Stat. 1121 Pub. L. 92596,  2 Oct. 27, 1972 86 Stat. 1318 Pub. L. 94361, title III,  304(a) July 14, 1976 90 Stat. 925 Pub. L. 96513, title V,  516(14) Dec. 12, 1980 94 Stat. 2938 Pub. L. 98525, title VI,  606(a) Oct. 19, 1984 98 Stat. 2537 Pub. L. 99145, title VI,  682 Nov. 8, 1985 99 Stat. 665 Pub. L. 10026,  8(e)(6) Apr. 21, 1987 101 Stat. 286 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102190, div. A, title VI,  637 Dec. 5, 1991 105 Stat. 1383 Pub. L. 104106, div. A, title VI,  641 Feb. 10, 1996 110 Stat. 368 Pub. L. 10665, div. A, title VI,  671 Oct. 5, 1999 113 Stat. 674 Pub. L. 107107, div. A, title VI,  651(a) Dec. 28, 2001 115 Stat. 1152 Pub. L. 110181, div. A, title V,  551(d) Jan. 28, 2008 122 Stat. 117 Pub. L. 111383, div. A, title V,  516(b) Jan. 7, 2011 124 Stat. 4213 Pub. L. 112239, div. A, title X,  1076(h)(3) Jan. 2, 2013 126 Stat. 1955 Pub. L. 116283, div. A, title IX,  925(g)(1)(A) Jan. 1, 2021 134 Stat. 3827 Pub. L. 117263, div. A, title VI,  631(c)(2)(A) Dec. 23, 2022 136 Stat. 2631        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  501(a) 37:32(b), (d), (e), and (h). Aug. 9, 1946, ch. 931,  2(b) 60 Stat. 963 June 19, 1948, ch. 541,  1(a) 62 Stat. 506 501(b) 37:33(c) (less 3d and last sentences). 37:32(g). Aug. 9, 1946, ch. 931,  4(c) 60 Stat. 964 Aug. 4, 1947, ch. 475,  1 61 Stat. 748 July 24, 1956, ch. 682,  1 70 Stat. 625  37:39 (less last proviso). Aug. 17, 1949, ch. 452,  1 63 Stat. 611 501(c) 37:33(c) (3d sentence). 501(d) 37:33(c) (last sentence). 501(e) 37:33(d). 501(f) 37:31a(b) (proviso). Aug. 9, 1946, ch. 931,  3(b) Sept. 23, 1950, ch. 998,  1 64 Stat. 979 501(g) 42:2101(c) (last sentence). 42:2101(d) (as applicable to 42:2101(c) (last sentence)). July 1, 1944, ch. 373,  219(c) Aug. 9, 1950, ch. 654,  2 64 Stat. 426 In subsection (a), the word officer is substituted for the words commissioned officer or warrant officer, in section 32(b) of existing title 37. The words persons may be treated as parents for the purposes of this clause are substituted for the words parents may receive the benefits provided under said sections in section 32(e) of existing title 37. In subsections (b)(d) and (f), the word payment is substituted for the word settlement. In subsection (b), the words in pay grade E9, E8, E7, E6, or E5 with dependents, an allowance computed at the rate of $1.25 a day for quarters are substituted for the words the allowances as provided for such enlisted persons in subsection (a). The words after August 31, 1946 In subsection (c), the word accrued is inserted to conform to subsection (b). The words and compensated for in cash are omitted as surplusage. In subsection (d), the words and compensation and of the Armed Forces are omitted as surplusage. The words before he receives are substituted for the words without having received. In subsection (f), the words cash and unused or accumulated are omitted as surplusage. The words subsequent to August 31, 1946 In subsection (g), the word retirement is omitted as covered by the words separation or release from active duty. The words under this subsection are substituted for the words for such unused leave. The word appointment is substituted for the word commission. Editorial Notes Amendments 2022Subsec. (b)(6). Pub. L. 117263,  631(c)(2)(A)(i) Subsec. (h). Pub. L. 117263,  631(c)(2)(A)(ii) 2021Subsec. (b)(1). Pub. L. 116283,  925(g)(3)(A) Pub. L. 116283,  925(g)(1)(A) Subsec. (b)(5)(C). Pub. L. 116283,  925(g)(2) Subsec. (e)(1). Pub. L. 116283,  925(g)(1)(A) 2013Subsec. (a)(5). Pub. L. 112239 2011Subsec. (a)(4), (5). Pub. L. 111383 2008Subsec. (b)(6). Pub. L. 110181 2001Subsec. (b)(5)(D). Pub. L. 107107 1999Subsec. (a)(1). Pub. L. 10665,  671(1) Subsec. (b)(2). Pub. L. 10665,  671(2) 1996Subsec. (d)(1). Pub. L. 104106,  641(a)(1) Subsec. (d)(2). Pub. L. 104106,  641(a)(2) Subsec. (f). Pub. L. 104106,  641(b) 1991Subsec. (b)(5). Pub. L. 102190,  637(b) Subsec. (c). Pub. L. 10225,  702(b)(1) Subsec. (d). Pub. L. 102190,  637(a) Pub. L. 10225,  702(b)(1) Subsec. (f). Pub. L. 10225,  702(b)(1) 1987Subsec. (a). Pub. L. 10026,  8(e)(6) Subsec. (g). Pub. L. 10026,  8(e)(9) 1985Subsecs. (b)(3), (f). Pub. L. 99145 February 9, 1976 September 1, 1976 1984Subsec. (e). Pub. L. 98525,  606(a) 1980Subsec. (b)(3). Pub. L. 96513,  516(14)(A) September 1, 1976 Subsec. (d). Pub. L. 96513,  516(14)(B) Subsec. (f). Pub. L. 96513,  516(14)(A) September 1, 1976 Subsec. (g). Pub. L. 96513,  516(14)(C) 1976Subsec. (a). Pub. L. 94361,  304(a) Subsec. (b). Pub. L. 94361,  304(c) Subsec. (d). Pub. L. 94361,  304(d) Subsec. (e). Pub. L. 94361,  304(e) Subsec. (f). Pub. L. 94361,  304(f) Subsec. (g). Pub. L. 94361,  304(g) 1972Subsec. (d). Pub. L. 92596,  2(1) Subsec. (h). Pub. L. 92596,  2(2) 1966Subsecs. (b), (e). Pub. L. 89718,  49(a)(1) Subsec. (d). Pub. L. 89718,  65 1965Subsec. (a)(1). Pub. L. 89151,  1 Subsec. (d). Pub. L. 89151,  2 section 2771 of title 10 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 Effective Date of 2022 Amendment Amendment by Pub. L. 117232 Jan. 1, 2023 section 631(d) of Pub. L. 117263 section 701 of Title 10 Effective Date of 2001 Amendment Pub. L. 107107, div. A, title VI,  651(b) Dec. 28, 2001 115 Stat. 1153 Subparagraph (D) of section 501(b)(5) of title 37 October 1, 2001 Effective Date of 1984 Amendment Pub. L. 98525, title VI,  606(b) Oct. 19, 1984 98 Stat. 2538 The amendments made by subsection (a) [amending this section] shall apply in the case of members of the uniformed service (as defined in section 101(3) of title 37 Oct. 19, 1984 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Effective Date of 1972 Amendment Amendment by Pub. L. 92596 Feb. 28, 1961 section 3 of Pub. L. 92596 section 701 of Title 10 Effective Date of 1965 Amendment Pub. L. 89151,  4 Aug. 28, 1965 79 Stat. 586 This Act [amending this section and section 701 of Title 10 Aug. 28, 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 section 542 of Title 6 Treatment of Accumulated Leave in Connection With Active Duty During Persian Gulf Conflict Pub. L. 10225, title III,  309(a) Apr. 6, 1991 105 Stat. 83 In the case of a member of the uniformed services who dies as a result of an injury or illness incurred while serving on active duty during the Persian Gulf conflict, the limitation in the second sentence of subsection (b)(3) of section 501 of title 37 Pub. L. 101510, div. A, title XI,  1115 Nov. 5, 1990 104 Stat. 1636 Pub. L. 10225, title III Apr. 6, 1991 105 Stat. 83  (a)  Inapplicability of Eligibility Limitation The limitation in the second sentence of subsection (b)(3) of section 501 of title 37 (1) Leave accrued by a member of a reserve component of the Armed Forces while serving on active duty (other than for training) in connection with the Persian Gulf conflict pursuant to an order to active duty authorized under section 672, 673, 673b, or 674 [now 12301, 12302, 12304, or 12306] of title 10, United States Code. (2) Leave accrued by a member of the Armed Forces in the Retired Reserve while serving on active duty in connection with the Persian Gulf conflict pursuant to an order to active duty authorized by section 675 [now 12307] of title 10, United States Code. (3) Leave accrued by a retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, a member of the Retired Reserve, or a member of the Fleet Reserve or Fleet Marine Corps Reserve while such retired member or member, as the case may be, is serving on active duty in connection with the Persian Gulf conflict pursuant to an order to active duty authorized by section 688 of title 10 (4) Leave accrued by a member referred to in paragraph (1), (2), or (3) while serving on active duty (other than for training) in connection with the Persian Gulf conflict pursuant to an order to such active duty issued with the consent of the member during a period in which members of the Armed Forces are being ordered to active duty in connection with such operation pursuant to a provision of title 10, United States Code, referred to in such paragraph. (b)  Saving Provision for Certain Accrued Leave (1) Subject to paragraph (2), a member of the Armed Forces who, under section 701(f) of title 10 (A) would lose any accumulated leave in excess of 60 days at the end of fiscal year 1991 shall be permitted to retain such leave until the end of fiscal year 1992; or (B) would lose any accumulated leave in excess of 60 days at the end of fiscal year 1992 (other than by reason of clause (A)) shall be permitted to retain such leave until the end of fiscal year 1993. (2) In no case may a member be permitted to accumulate leave under this section in excess of 90 days. (c)  Regulations The Secretary of Defense shall prescribe regulations establishing standards and procedures for the administration of this section. [ Pub. L. 10225, title III,  309(c) Apr. 6, 1991 105 Stat. 83 The amendment made by subsection (b) [amending section 1115(a) of Pub. L. 101510 November 5, 1990 Options of Members as to Basis of Payment for Accrued Leave Pub. L. 94361, title III,  304(h) July 14, 1976 90 Stat. 926 Notwithstanding the provisions of section 501(b)(1) of title 37 section 501(b) of title 37  502. Absences due to sickness, wounds, and certain other causes (a) A member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or National Oceanic and Atmospheric Administration, who is absent because of sickness or wounds, or who is directed by the Secretary concerned, or the Secretarys designated representative, to be absent from duty to await orders pending disability retirement proceedings for a period that is longer than the leave authorized by section 701 of title 10 (b) Except as provided in subsection (a) and section 701(g) of title 10 section 701 of title 10 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 482 Pub. L. 89718,  49(a)(1) Nov. 2, 1966 80 Stat. 1121 Pub. L. 96513, title V,  516(15) Dec. 12, 1980 94 Stat. 2939 Pub. L. 99661, div. A, title V,  506(b) Nov. 14, 1986 100 Stat. 3865 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 116283, div. A, title IX,  925(g)(1)(B) Jan. 1, 2021 134 Stat. 3827 Pub. L. 117263, div. A, title VI,  631(c)(2)(B) Dec. 23, 2022 136 Stat. 2631        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  502(a) 37:33(b) (1st and last sentences). 37:39 (less last proviso). Aug. 9, 1946, ch. 931,  4(b) Aug. 4, 1947, ch. 475,  1 61 Stat. 748  37:32(f) (last 8 words). Aug. 9, 1946, ch. 931,  2(f) 60 Stat. 963 502(b) 37:33(b) (2d sentence). Aug. 17, 1949, ch. 452,  1 63 Stat. 611  37:32(f) (last 8 words). Aug. 9, 1946, ch. 931,  2(f) 60 Stat. 963 In subsection (a), the words After August 31, 1946 December 28, 1945 59 Stat. 663 61 Stat. 892 In subsections (a) and (b), the words , or his designated representative, are substituted for the last 8 words of section 32(f) of existing title 37. In subsection (b), the words Except as provided in subsection (a) of this section are inserted for clarity. The words the part of his absence that is more than the number of days leave authorized by that section are substituted for the words such absence. Editorial Notes Amendments 2022Subsec. (b). Pub. L. 117263 2021Subsec. (a). Pub. L. 116283,  925(g)(3)(B)(i) Pub. L. 116283,  925(g)(1)(B) Subsec. (b). Pub. L. 116283,  925(g)(3)(B)(i) 1991Subsec. (b). Pub. L. 10225 1986Subsec. (b). Pub. L. 99661 section 701(h) of title 10 1980Subsec. (a). Pub. L. 96513 1966Subsec. (a). Pub. L. 89718 Statutory Notes and Related Subsidiaries Effective Date of 2022 Amendment Amendment by Pub. L. 117232 Jan. 1, 2023 section 631(d) of Pub. L. 117263 section 701 of Title 10 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10  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 section 542 of Title 6  503. Absence without leave or over leave (a) A member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or National Oceanic and Atmospheric Administration, who is absent without leave or over leave, forfeits all pay and allowances for the period of that absence, unless it is excused as unavoidable. (b) A commissioned officer of the Regular Corps of the Public Health Service, or an officer of the Reserve Corps 1 1 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 482 Pub. L. 89718,  49(a)(1) Nov. 2, 1966 80 Stat. 1121 Pub. L. 96513, title V,  516(15) Dec. 12, 1980 94 Stat. 2939 Pub. L. 116283, div. A, title IX,  925(g)(1)(C) Jan. 1, 2021 134 Stat. 3827        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  503(a) 37:33(b) (3d sentence). Aug. 9, 1946, ch. 931,  4(b) Aug. 4, 1947, ch. 475,  1 61 Stat. 748  37:39 (less last proviso). Aug. 17, 1949, ch. 452,  1 63 Stat. 611 503(b) 42:2101(b). July 1, 1944, ch. 373,  219(b) Aug. 9, 1950, ch. 654,  2 64 Stat. 426 In subsections (a) and (b), the words for the period of that absence are substituted for the words during such absence. Editorial Notes Amendments 2021Subsec. (a). Pub. L. 116283 1980Subsec. (a). Pub. L. 96513 1966Subsec. (a). Pub. L. 89718 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 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 Pub. L. 96513 section 101 of this title  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 Executive Documents  Transfer of Functions Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966 80 Stat. 1610 section 3508(b) of Title 20  504. Cadets and midshipmen: chapter does not apply to  This chapter does not apply to cadets at the United States Military Academy, the United States Air Force Academy, the Coast Guard Academy, midshipmen at the United States Naval Academy, or cadets or midshipmen serving elsewhere in the armed forces. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 483        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  504 37:38 (as applicable to payment for leave). Aug. 9, 1946, ch. 931,  10 Aug. 4, 1947, ch. 475,  3 61 Stat. 749 Sept. 2, 1958 Pub. L. 85861,  33(d)(2) 72 Stat. 1567 Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6 CHAPTER 10 PAYMENTS TO MISSING PERSONS    Sec.  551. Definitions.  552. Pay and allowances; continuance while in a missing status; limitations.  553. Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations.  [ 554. Repealed.]  555. Secretarial review.  556. Secretarial determinations.  557. Settlement of accounts.  558. Income tax deferment.  559. Benefits for members held as captives.  Editorial Notes Amendments 2013 Pub. L. 112239, div. A, title X,  1076(a)(8) Jan. 2, 2013 126 Stat. 1948 Pub. L. 11281,  631(f)(3)(B) 2011 Pub. L. 11281, div. A, title VI,  631(f)(3)(B) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(8) Jan. 2, 2013 126 Stat. 1948 1990 Pub. L. 101510, div. A, title XIV,  1484(f)(1) Nov. 5, 1990 104 Stat. 1717 1986 Pub. L. 99399, title VIII,  806(a)(2) Aug. 27, 1986 100 Stat. 885 1972 Pub. L. 92477,  1(1) Oct. 9, 1972 86 Stat. 793 1966 Pub. L. 89554,  5(b) Sept. 6, 1966 80 Stat. 625  551. Definitions In this chapter: (1) The term dependent, with respect to a member of a uniformed service, means (A) his spouse; (B) his unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age; (C) his dependent mother or father; (D) a dependent designated in official records; and (E) a person determined to be dependent by the Secretary concerned, or his designee. (2) The term missing status means the status of a member of a uniformed service who is officially carried or determined to be absent in a status of (A) missing; (B) missing in action; (C) interned in a foreign country; (D) captured, beleaguered, or besieged by a hostile force; or (E) detained in a foreign country against his will. (3) The term pay and allowances means (A) basic pay; (B) special pay; (C) incentive pay; (D) basic allowance for housing; (E) basic allowance for subsistence; and (F) station per diem allowances for not more than 90 days. (Added Pub. L. 89554,  5(b) Sept. 6, 1966 80 Stat. 625 Pub. L. 99145, title XIII,  1301(g) Nov. 8, 1985 99 Stat. 737 Pub. L. 10026,  8(e)(10) Apr. 21, 1987 101 Stat. 287 Pub. L. 10585, div. A, title VI,  603(d)(1)(D) Nov. 18, 1997 111 Stat. 1782        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  551(1) 50 App. 1001. Mar. 7, 1942, ch. 166,  1 56 Stat. 143 July 1, 1944, ch. 371,  1 58 Stat. 679 Aug. 14, 1964 Pub. L. 88428,  1(1) 78 Stat. 437 551(2)    551(3) 50 App. 1002(a) (22d through 66th words of 1st sentence, for definition purposes). 50 App. 1002(a) (96th through 120th words of 1st sentence, for definition purposes). Mar. 7, 1942, ch. 166,  2(a) July 1, 1944, ch. 371,  2 58 Stat. 679 Apr. 4, 1953, ch. 17,  1(a) 67 Stat. 21 Aug. 29, 1957 Pub. L. 85217,  1(b) 71 Stat. 491 Aug. 14, 1964 Pub. L. 88428,  1(3)(A) 78 Stat. 437 Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. The words In this chapter are substituted for For the purpose of this Act. In clause (1), the words with respect to a member of a uniformed service are inserted for clarity. In clause (1)(A), the word lawful is omitted as unnecessary in view of the accepted recognition of the fact that the word wife means a lawful wife. In clause (1)(E), the words Secretary concerned, or his designee are substituted for head of the department concerned, or subordinate designated by him to conform to the definition in 37 U.S.C. 101(5) 37 U.S.C. 101(3) The definitions in clauses (2) and (3), which do not appear in, but are based on, the source law are created for legislative convenience. Editorial Notes Amendments 1997Par. (3)(D). Pub. L. 10585 1987 Pub. L. 10026 1985Par. (1)(A). Pub. L. 99145 Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Amendment by Pub. L. 10585 Jan. 1, 1998 section 603(e) of Pub. L. 10585 section 5561 of Title 5  552. Pay and allowances; continuance while in a missing status; limitations (a) A member of a uniformed service who is on active duty or performing inactive-duty training, and who is in a missing status, is (1) for the period he is in that status, entitled to receive or have credited to his account the same pay and allowances, as defined in this chapter, to which he was entitled at the beginning of that period or may thereafter become entitled; and (2) for the period, not to exceed one year, required for his hospitalization and rehabilitation after termination of that status, under regulations prescribed by the Secretaries concerned, with respect to incentive pay, considered to have satisfied the requirements of section 301 or section 351(a)(2) of this title However, a member who is performing full-time training duty or other full-time duty without pay, or inactive-duty training with or without pay, is entitled to the pay and allowances to which he would have been entitled if he had been on active duty with pay. Notwithstanding section 1523 of title 10 (b) The expiration of a members term of service while he is in a missing status does not end his entitlement to pay and allowances under subsection (a). Notwithstanding the death of a member while in a missing status, entitlement to pay and allowances under subsection (a) ends on the date (1) the Secretary concerned receives evidence that the member is dead; or (2) that his death is prescribed or determined under section 555 of this title (c) A member is not entitled to pay and allowances under subsection (a) for a period during which he is officially determined to be absent from his post of duty without authority, and he is indebted to the United States for payments from amounts credited to his account for that period. (d) A member who is performing full-time training duty or inactive-duty training is entitled to the benefits of this section only when he is officially determined to be in a missing status that results from the performance of duties prescribed by competent authority. (e) A member in a missing status who is continued in that status under section 555 of this title (Added Pub. L. 89554,  5(b) Sept. 6, 1966 80 Stat. 625 Pub. L. 92169,  1 Nov. 24, 1971 85 Stat. 489 Pub. L. 92482 Oct. 12, 1972 86 Stat. 796 Pub. L. 9326,  1 Apr. 27, 1973 87 Stat. 26 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 104106, div. A, title V,  569(c)(2) Feb. 10, 1996 110 Stat. 351 Pub. L. 11591, div. A, title VI,  618(g) Dec. 12, 2017 131 Stat. 1427        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  552(a) 50 App. 1002(a) (1st sentence, less last 46 words). Mar. 7, 1942, ch. 166,  2(a) July 1, 1944, ch. 371,  2 58 Stat. 679 Apr. 4, 1953, ch. 17,  1(a) 67 Stat. 21 Aug. 29, 1957 Pub. L. 85217,  1(b) 71 Stat. 491 Aug. 14, 1964 Pub. L. 88428,  1(3) 78 Stat. 437  50 App. 1014 (as applicable to  1002(a) (1st sentence)). Mar. 7, 1942, ch. 166,  14 56 Stat. 147 Apr. 4, 1953, ch. 17,  1(e) 67 Stat. 21 552(b) 50 App. 1002(a) (last 46 words of 1st sentence, and 2d sentence). 552(c) 50 App. 1002(a) (3d sentence). 552(d) 50 App. 1002(a) (last sentence).  50 App. 1014 (as applicable to  1002(a) (last sentence)). 552(e) 50 App. 1006 (2d sentence as applicable to pay and allowances). Mar. 7, 1942, ch. 166,  6 Dec. 24, 1942, ch. 828,  1 56 Stat. 1093 Aug. 14, 1964 Pub. L. 88428,  1(5)(B) 78 Stat. 437 Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. In subsection (a), the first 22 words are substituted for 50 App. U.S.C. 1002(a) (1st 66 words) to conform to the definitions in 37 U.S.C. 101(3) 37 U.S.C. 101(18) In subsection (b), the first sentence is substituted for 50 App. U.S.C. 1002(a) (1st 21 words of 2d sentence). The words or employment are omitted as inapplicable to members of the uniformed services. The words entitlement to pay and allowances under subsection (a) of this section are substituted for Such entitlement to pay and allowances for clarity. The words Notwithstanding the death of a member while in a missing status are substituted for 50 App. U.S.C. 1002(a) (2d sentence, less 1st 21 words). The word member is substituted for person and the word Secretary is substituted for department to conform to the definitions in 37 U.S.C. 101(5) In subsection (c), the words A member are substituted for such person. The words under subsection (a) of this section are inserted for clarity. The words United States are substituted for Government to conform to the style of title 37. In subsection (d), the words A member . . . he . . . in a missing status are substituted for Persons, such persons, and the enumerated absent stata to conform to the definitions in 37 U.S.C. 101(23) In subsection (e), the words A member in a missing status are substituted for a person missing under the conditions specified in section 2 of this Act to conform to the definition in revised section 551(2) of this chapter. The words under subsection (a) of this section are substituted for as provided in section 2 of this Act. Editorial Notes Amendments 2017Subsec. (a)(2). Pub. L. 11591 1996Subsec. (a). Pub. L. 104106,  569(c)(2)(A) section 556(b) of this title Subsec. (b)(2). Pub. L. 104106,  569(c)(2)(B) Subsec. (e). Pub. L. 104106,  569(c)(2)(C) section 555 of this title 1991Subsecs. (b), (c), (e). Pub. L. 10225 1973Subsec. (a). Pub. L. 9326 1972Subsec. (a). Pub. L. 92482 section 556(b) of this title 1971Subsec. (a). Pub. L. 92169 Statutory Notes and Related Subsidiaries Effective Date of 1973 Amendment Pub. L. 9326,  2 Apr. 27, 1973 87 Stat. 26 For the purposes of chapter 13 [ 1301 et seq.] of title 38, United States Code, this Act [amending this section] becomes effective as of November 24, 1971 February 28, 1961 Effective Date of 1971 Amendment Amendment by Pub. L. 92169 Nov. 24, 1971 Feb. 28, 1961 section 3 of Pub. L. 92169 section 1302 of Title 38  553. Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations (a) Notwithstanding the end of the period for which it was made, an allotment, including one for the purchase of United States savings bonds, made by a member of a uniformed service before he was in a missing status may be continued for the period he is entitled to pay and allowances under section 552 of this title (b) When there is no allotment in effect, or when it is insufficient for a purpose authorized by the Secretary concerned, he, or his designee, may authorize new allotments or increases in allotments that are warranted by the circumstances and payable for the period the member is entitled to pay and allowances under section 552 of this title (c) The total of all allotments from the pay and allowances of a member in a missing status may not be more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the Secretary concerned. (d) A premium paid by the United States on insurance issued on the life of a member which is unearned because it covers a period after his death reverts to the appropriation of the department concerned. (e) Subject to subsections (f) and (g), the Secretary concerned, or his designee, may, when he considers it in the interest of the member, his dependents, or the United States, direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of payments of allotments from the pay and allowances of a member entitled to pay and allowances under section 552 of this title (f) When the Secretary concerned officially reports that a member in a missing status is alive, the payments of allotments authorized by subsections (a)(d) may, subject to section 552 of this title section 555 of this title (g) A member in a missing status who is continued in that status under section 555 of this title (h) When the Secretary concerned considers it essential for the well-being and protection of the dependents of a member on active duty (other than a member entitled to pay and allowances under section 552 of this title (1) direct the payment of a new allotment from the pay of the member; (2) increase or decrease the amount of an allotment made by the member; and (3) continue payment of an allotment of the member which has expired. (Added Pub. L. 89554,  5(b) Sept. 6, 1966 80 Stat. 626 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 104106, div. A, title V,  569(c)(3) Feb. 10, 1996 110 Stat. 351        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  553(a)  553(b)  553(c) 50 App. 1003 (1st sentence). 50 App. 1003 (2d sentence, less provisos). 50 App. 1003 (1st proviso of 2d sentence). Mar. 7, 1942, ch. 166,  3 56 Stat. 144 Dec. 24, 1942, ch. 828,  1 July 1, 1944, ch. 371,  3 58 Stat. 680 553(d) 50 App. 1003 (2d proviso of 2d sentence) 553(e) 50 App. 1004. Mar. 7, 1942, ch. 166,  4 56 Stat. 144 Dec. 24, 1942, ch. 828,  1 56 Stat. 1093 July 1, 1944, ch. 371,  4 58 Stat. 680 553(f)     553(g) 50 App. 1006 (1st sentence). 50 App. 1014 (as applicable to  1006 (1st sentence)). 50 App. 1006 (2d sentence, as applicable to allotments). Mar. 7, 1942, ch. 166,  6 Dec. 24, 1942, ch. 828,  1 56 Stat. 1093 Apr. 4, 1953, ch. 17,  1(b) 67 Stat. 21 Aug. 14, 1964 Pub. L. 88428,  1(5) 78 Stat. 437 553(h) 50 App. 1007. Mar. 7, 1942, ch. 166,  7 56 Stat. 145 Aug. 14, 1964 Pub. L. 88428,  1(6) 78 Stat. 437 Mar. 7, 1942, ch. 166,  14 56 Stat. 147 Apr. 4, 1953, ch. 17,  1(e) 67 Stat. 21 Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. In subsection (a), the words a member of a uniformed service . . . in a missing status . . . he . . . under section 552 of this title In subsection (b), the words Secretary concerned, he, or his designee, are substituted for head of the department concerned . . . head of the department concerned, or such subordinate as he may designate to conform to the definition in 37 U.S.C. 101(5) 37 U.S.C. 101(23) In subsection (c), the words in effect are omitted as unnecessary. The words member in a missing status are substituted for absent person to conform to the definition in revised section 551(2) of this chapter. In subsection (d), the words United States are substituted for Government to conform to the style of title 37. The word member is substituted for person to conform to the definition in 37 U.S.C. 101(23) In subsection (e), the words Secretary concerned, or his designee, are substituted for head of the department concerned, or such subordinates as he may designate, to conform to the definition in 37 U.S.C. 101(5) In subsection (f), the words When the Secretary concerned officially reports that a member in a missing status are substituted for When it is officially reported by the head of the department concerned that a person missing under the conditions specified in section 2 of this Act. The words the payments of allotments authorized by subsections (a)(d) of this section may, subject to section 552 of this title In subsection (g), the words A member in a missing status are substituted for a person missing under the conditions specified in section 2 of this Act. In subsection (h), the words Secretary concerned are substituted for head of the department concerned. The words a member on active duty are substituted for of persons in active service to conform to the definitions in 37 U.S.C. 101(20) Editorial Notes Amendments 1996Subsec. (f). Pub. L. 104106,  569(c)(3)(A) section 555 of this title Subsec. (g). Pub. L. 104106,  569(c)(3)(B) section 555 of this title 1991Subsecs. (e) to (g). Pub. L. 10225 [ 554. Renumbered  484]  555. Secretarial review (a) Except as provided in subsection (d), when a member of a uniformed service entitled to pay and allowances under section 552 of this title (1) if the member can reasonably be presumed to be living, direct a continuance of his missing status; or (2) make a finding of death. (b) When a finding of death is made under subsection (a), it shall include the date death is presumed to have occurred for the purpose of (1) ending the crediting of pay and allowances; (2) settlement of accounts; and (3) payment of death gratuities. That date is (A) the day after the day on which the 12-month period in a missing status ends; or (B) if the missing status has been continued under subsection (a), the day determined by the Secretary concerned, or his designee. (c) For the sole purpose of determining status under this section, a dependent of a member on active duty is treated as if he were a member. Any determination made by the Secretary concerned, or his designee, under this section is conclusive on all other departments and agencies of the United States. This subsection does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled. (d) This section does not apply in a case to which section 1502 of title 10 (Added Pub. L. 89554,  5(b) Sept. 6, 1966 80 Stat. 628 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 104106, div. A, title V,  569(c)(1) Feb. 10, 1996 110 Stat. 351        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  555(a) 50 App. 1005 (1st and 2d sentences). Mar. 7, 1942, ch. 166,  5 56 Stat. 145 Dec. 24, 1942, ch. 828,  1 56 Stat. 1093 Aug. 14, 1964 Pub. L. 88428,  1(4) 78 Stat. 437  50 App. 1014 (as applicable to  1005 (1st sentence)). Mar. 7, 1942, ch. 166,  14 56 Stat. 147 Apr. 4, 1953, ch. 17,  1(e) 67 Stat. 21 555(b) 50 App. 1005 (less 1st and 2d sentences). 555(c) 50 App. 1009(b) (as applicable to  1005). Mar. 7, 1942, ch. 166,  9(b) Aug. 29, 1957 Pub. L. 85217,  1(c) 71 Stat. 492 Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. In subsection (a), the words member of a uniformed service are substituted for person. The words in a missing status and in that status are substituted for absence in three places. The words Secretary concerned are substituted for head of the department concerned in two places. In the second sentence, the words or his designee are supplied on authority of 50 App. U.S.C. 1009 which is codified in part in revised section 556(a) of this chapter. In clause (1), the words member and his are substituted for persons and person, respectively. In subsection (b), the words under subsection (a) of this section are inserted for clarity. In clause (A), the words day on which the 12-month period in a missing status ends are substituted for day of expiration of an absence of twelve months. In clause (B), the words under subsection (a) of this section are substituted for as hereinbefore authorized. The words Secretary concerned are substituted for head of the department concerned. The words or his designee are supplied on authority of 50 App. U.S.C. 1009(a) which is codified in part in revised section 556(a) of this chapter. In subsection (c), the first sentence is substituted for 50 App. U.S.C. 1009(b) (1st 31 words, as applicable to  1005). The words Secretary concerned are substituted for head of the department concerned. The words or his designee are supplied on authority of 50 App. U.S.C. 1009(a) which is codified in part in revised section 556(a) of this chapter. The words departments and agencies of the United States are substituted for departments of the Government in view of the definition of department in 50 App. U.S.C. 1001(d). The words This subsection does not entitle are substituted for  Provided Editorial Notes Amendments 1996Subsec. (a). Pub. L. 104106,  569(c)(1)(A) Subsec. (d). Pub. L. 104106,  569(c)(1)(B) 1991Subsec. (b). Pub. L. 10225  556. Secretarial determinations (a) The Secretary concerned, or his designee, may make any determination necessary to administer this chapter and, when so made, it is conclusive as to (1) death or finding of death; (2) the fact of dependency under this chapter; (3) the fact of dependency for the purpose of paying six months death gratuities authorized by law; (4) the fact of dependency under any other law authorizing the payment of pay, allowances, or other emoluments to enlisted members of the armed forces, when the payments are contingent on dependency; (5) any other status covered by this chapter; (6) an essential date, including one on which evidence or information is received by the Secretary concerned; and (7) whether information received concerning a member of a uniformed service is to be construed and acted on as an official report of death. Paragraphs (1), (5), (6), and (7) only apply with respect to a case to which section 555 of this title (b) When the Secretary concerned, in a case to which section 555 of this title section 555 of this title (c) The Secretary concerned, or his designee, may determine the entitlement of a member to pay and allowances under this chapter, including credits and charges in his account, and that determination is conclusive. An account may not be charged or debited with an amount that a member captured, beleaguered, or besieged by a hostile force may receive or be entitled to receive from, or have placed to his credit by, the hostile force as pay, allowances, or other compensation. (d) The Secretary concerned, or his designee, may, when warranted by the circumstances, reconsider a determination made under this chapter, and change or modify it. (e) When the account of a member has been charged or debited with an allotment paid under this chapter, the amount so charged or debited shall be recredited to the account of the member if the Secretary concerned, or his designee, determines that the payment was induced by fraud or misrepresentation to which the member was not a party. (f) Except an allotment for an unearned insurance premium, an allotment paid from pay and allowances of a member for the period he is entitled to pay and allowances under section 552 of this title (g) The Secretary concerned, or his designee, may waive the recovery of an erroneous payment or overpayment of an allotment to a dependent if he considers recovery is against equity and good conscience. (h) For the sole purpose of determining pay under this section, a dependent of a member of a uniformed service on active duty is treated as if he were a member. Any determination made by the Secretary concerned, or his designee, under this section in a case to which section 555 of this title (Added Pub. L. 89554,  5(b) Sept. 6, 1966 80 Stat. 629 Pub. L. 104106, div. A, title V,  569(c)(4) Feb. 10, 1996 110 Stat. 351        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  556(a) 50 App. 1009(a) (1st and 2d sentences). Mar. 7, 1942, ch. 166,  9(a) July 1, 1944, ch. 371,  5 58 Stat. 680 Apr. 4, 1953, ch. 17,  1(c) 67 Stat. 21 Aug. 29, 1957 Pub. L. 85217,  1(c) 71 Stat. 492  50 App. 1010. Mar. 7, 1942, ch. 166,  10 56 Stat. 145 July 1, 1944, ch. 371,  6 58 Stat. 681 Aug. 14, 1964 Pub. L. 88428,  1(7) 78 Stat. 437 556(b) 50 App. 1009(a) (3d and 4th sentences). 556(c) 50 App. 1009(a) (6th sentence, less last proviso).  50 App. 1014 (as applicable to  1009(a) (1st proviso of 6th sentence)). Mar. 7, 1942, ch. 166,  14 56 Stat. 147 Apr. 4, 1953, ch. 17,  1(e) 67 Stat. 21 556(d) 50 App. 1009(a) (7th sentence). 556(e) 50 App. 1009(a) (last proviso of 6th sentence). 556(f) 50 App. 1009(a) (8th sentence). 556(g) 50 App. 1009(a) (9th sentence). 556(h) 50 App. 1009(b) (as applicable to  1009). Mar. 7, 1942, ch. 166,  9(b) Aug. 29, 1957 Pub. L. 85217,  1(c) 71 Stat. 492 Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. In subsection (a), the words Secretary concerned, or his designee, are substituted for head of the department concerned, or such subordinate as he may designate,. The words for the purposes of this Act are omitted as unnecessary. The words final and in 50 App. U.S.C. 1010 are omitted as unnecessary and for consistency with 50 App. U.S.C. 1009(a) (1st sentence). In clause (2), the words under this chapter are substituted for under the provisions of this Act. In clause (4), the words enlisted members of the armed forces are substituted for enlisted personnel in the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States to conform to the definition in 37 U.S.C. 101(4) In subsection (b), the words Secretary concerned . . . a member of a uniformed service, he shall . . . the member, act on it are substituted for any person . . . department concerned, action shall be taken thereon . . . such person. In the second sentence, the words After the end of the 12-month period in a missing status are substituted for If the twelve months absence . . . has expired. The words the Secretary concerned, or his designee are inserted for clarity. The words a member are substituted for any person. The words missing status are substituted for missing or other status in view of the definition in revised section 551(2) of this chapter. The words is dead are substituted for is no longer alive for consistency with references in this section to death. In subsection (c), the words Secretary concerned, or his designee . . . may . . . a member . . . under this chapter are substituted for head of the department concerned, or by such subordinate as he may designate . . . are authorized to . . . any person . . . under provisions of this Act. The words a member are substituted for any person. The words captured, beleaguered, or besieged by a hostile force are substituted for in the hands of a hostile force on authority of 50 App. U.S.C. 1014. In subsection (d), the words Secretary concerned, or his designee are substituted for head of the department concerned, or such subordinate as he may designate. The words under this chapter are substituted for authorized to be made by this Act. In subsection (e), the words a member . . . allotment paid under this chapter are substituted for any person . . . allotments paid pursuant to this Act. The words the member if the Secretary concerned, or his designee . . . the payment . . . the member are substituted for such persons . . . in any case in which . . . the head of the department concerned, or such subordinate as he may designate . . . such person. In subsection (f), the words may not be collected are substituted for shall not be subject to collection in two places. The word member is substituted for person. In subsection (g), the words Secretary concerned, or his designee, are substituted for head of the department concerned, or such subordinate as he may designated,. In subsection (h), the first sentence is substituted for 50 App. U.S.C. 1009(b) (1st 33 words, as applicable to  1009). The words Secretary concerned are substituted for head of the department concerned. The words or his designee are supplied on authority of 50 App. U.S.C. 1009(a) which is codified in part in revised section 556(a) of this chapter. The words departments and agencies of the United States are substituted for departments of the Government in view of the definition of department in 50 App. U.S.C. 1001(b). The words This subsection does not entitle are substituted for  Provided Editorial Notes Amendments 1996Subsec. (a). Pub. L. 104106,  569(c)(4)(A) Subsec. (b). Pub. L. 104106,  569(c)(4)(B) section 555 of this title Subsec. (h). Pub. L. 104106,  569(c)(4)(C) section 555 of this title  557. Settlement of accounts (a) The Secretary concerned, or his designee, may settle the account of (1) a member of a uniformed service for whose account payments have been made under sections 552, 553, and 555 of this title; and (2) a survivor of a casualty to a ship, station, or military installation which results in the loss or destruction of disbursing records. That settlement is conclusive on the accounting officers of the United States in settling the accounts of disbursing officers. (b) Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlements. (c) In the settlement of his accounts, a disbursing officer is entitled, if there is no fraud or criminality by him, to credit for an erroneous payment or overpayment he made in carrying out this chapter, except section 558 of this title section 558 of this title (Added Pub. L. 89554,  5(b) Sept. 6, 1966 80 Stat. 630 Pub. L. 99145, title XIII,  1303(b)(11) Nov. 8, 1985 99 Stat. 741        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  557(a) 50 App. 1011. Mar. 7, 1942, ch. 166,  11 56 Stat. 146 557(b)  557(c) 50 App. 1009(a) (5th sentence). 50 App. 1009(a) (last sentence). Mar. 7, 1942, ch. 166,  9(a) July 1, 1944, ch. 371,  5 58 Stat. 680 Aug. 29, 1957 Pub. L. 85217,  1(c) 71 Stat. 492 Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. In subsection (a), the words Secretary concerned, or his designee, are substituted for head of the department concerned, or such person as he may designate,. The words a member of a uniformed service are substituted for persons. The words United States are substituted for Government. In subsection (c), the words in carrying out this chapter, except section 558 are substituted for in carrying out the provisions of this Act, except sections 13, 16, 17, and 18, since sections 16 and 17 are scheduled for repeal (see Table II) and section 18 was previously repealed. The words under this chapter, except section 558 are substituted for under such provisions for the reasons stated in the preceding sentence. Editorial Notes Amendments 1985Subsec. (c). Pub. L. 99145  558. Income tax deferment Notwithstanding any other provision of law, a Federal income tax return of, or the payment of a Federal income tax by, a member of a uniformed service who, at the time the return or payment would otherwise become due, is in a missing status, does not become due until the earlier of the following dates (1) the fifteenth day of the third month in which he ceased (except by reason of death or incompetency) being in a missing status, unless before the end of that fifteenth day he is again in a missing status; or (2) the fifteenth day of the third month after the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed. That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or paying the tax, as in other cases, and to assess and collect the tax as provided by sections 6851, 6861, and 6871 of the Internal Revenue Code of 1986 in cases in which the assessment or collection is jeopardized and in cases of bankruptcy or receivership. (Added Pub. L. 89554,  5(b) Sept. 6, 1966 80 Stat. 631 Pub. L. 96513, title V,  516(16) Dec. 12, 1980 94 Stat. 2939 Pub. L. 10026,  8(c) Apr. 21, 1987 101 Stat. 285        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  558 50 App. 1013. Mar. 7, 1942, ch. 166,  13 56 Stat. 146 Aug. 8, 1947, ch. 515,  6 61 Stat. 918 Aug. 14, 1964 Pub. L. 88428,  1(9) 78 Stat. 437 Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section. The words in the case of any taxable year beginning after December 31, 1940 The words as defined in section 101(3) and (23) of title 37, United States Code are omitted as unnecessary since the revised section is codified in title 37. The words in a missing status are substituted for absent from his duty station under the conditions specified in section 2 of the Act to conform to the definition in revised section 551(3) of this chapter and in view of the provisions of revised section 552 establishing the entitlement of a member in a missing status to receive pay and allowances or have them credited to his account. Reference to title 26 is substituted for Internal Revenue Code of 1954. Editorial Notes  References in Text Sections 6851, 6861, and 6871 of the Internal Revenue Code of 1986, referred to in text, are classified to sections 6851, 6861, and 6871, respectively, of Title 26, Internal Revenue Code. Amendments 1987 Pub. L. 10026 1980 Pub. L. 96513 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10  559. Benefits for members held as captives (a) In this section: (1) The term captive status means a missing status of a member of the uniformed services which, as determined by the President, arises because of a hostile action and is a result of membership in the uniformed services, but does not include a period of captivity of a member as a prisoner of war if Congress provides to such member, in an Act enacted after August 27, 1986 (2) The term former captive means a person who, as a member of the uniformed services, was held in a captive status. (b) (1) The Secretary of the Treasury shall establish a savings fund to which the Secretary concerned may allot all or any portion of the pay and allowances of any member of the uniformed services who is in a captive status to the extent that such pay and allowances are not subject to an allotment under section 553 of this title (2) Amounts so allotted shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with three-month maturities issued during the preceding calendar quarter. Such interest shall be computed quarterly. (3) Amounts in the savings fund credited to a member shall be considered as pay and allowances for purposes of section 553(c) of this title (4) Any interest accruing under this subsection on (A) any amount for which a member is indebted to the United States under section 552(c) of this title (B) any amount referred to in section 556(f) of this title (5) An allotment under this subsection may be made without regard to section 553(c) of this title (c) (1) Except as provided in paragraph (3), the President shall make a cash payment to any person who is a former captive. Such payment shall be made before the end of the one-year period beginning on the date on which the captive status of such person terminates. (2) Except as provided in section 802 of the Victims of Terrorism Compensation Act ( 5 U.S.C. 5569 section 5569(d)(2) of title 5 (3) (A) The President (i) may defer such payment in the case of any former captive who during such one-year period is charged with an offense described in clause (ii), until final disposition of such charge; and (ii) may deny such payment in the case of any former captive who is convicted of a captivity-related offense (I) referred to in subsection (b) or (c) of section 8312 of title 5 (II) under chapter 47 of title 10 (the Uniform Code of Military Justice) that is punishable by dishonorable discharge, dismissal, or confinement for one year or more. (B) For the purposes of subparagraph (A), a captivity-related offense is an offense that is (i) committed by a person while the person is in a captive status; and (ii) related to the captive status of the person. (4) A payment under this subsection is in addition to any other amount provided by law. (5) Any amount due a person under this subsection shall, after the death of such person, be deemed to be pay and allowances for the purposes of this chapter. (6) Any payment made under paragraph (1) that is later denied under paragraph (3)(A)(ii) is a claim of the United States Government for purposes of section 3711 of title 31 (d) A determination by the President under subsection (a)(1) or (c) is final and is not subject to judicial review. (Added Pub. L. 99399, title VIII,  806(a)(1) Aug. 27, 1986 100 Stat. 884 Pub. L. 10026,  8(e)(11) Apr. 21, 1987 101 Stat. 287 Pub. L. 101510, div. A, title XIV,  1484(d)(4) Nov. 5, 1990 104 Stat. 1717 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title X,  1054(a)(6) Oct. 23, 1992 106 Stat. 2502  Editorial Notes  References in Text Section 802 of the Victims of Terrorism Compensation Act, referred to in subsec. (c)(2), is section 802 of Pub. L. 99399 section 5569 of Title 5 Amendments 1992Subsec. (c)(3)(A)(i). Pub. L. 102484,  1054(c)(2) Pub. L. 10225,  702(b)(4) Pub. L. 102484,  1054(a)(6) Pub. L. 10225,  702(b)(4) 1991Subsec. (c)(1). Pub. L. 10225,  702(b)(2) Subsec. (c)(3)(A)(i). Pub. L. 10225,  702(b)(4) Pub. L. 102484,  1054(c)(2) Subsec. (c)(3)(B). Pub. L. 10225,  702(b)(3) Subsec. (c)(6). Pub. L. 10225,  702(b)(2) Subsec. (d). Pub. L. 10225,  702(b)(1) 1990Subsec. (a)(1). Pub. L. 101510,  1484(d)(4) August 27, 1986 Subsec. (c)(2). Pub. L. 101510,  1484(e)(2) 5 U.S.C. 5569 1987Subsec. (a). Pub. L. 10026 Statutory Notes and Related Subsidiaries Effective Date; Payments; Interest Pub. L. 99399, title VIII,  806(a)(3) Aug. 27, 1986 100 Stat. 885  (A) (i) Except as provided in clause (ii), section 559 of title 37 January 21, 1981 (ii) (I) Subsection (c) of such section shall apply to any person whose captive status begins on or after November 4, 1979 (II) In the case of any person whose status as a captive terminated before the date of the enactment of this Act [ Aug. 27, 1986 (B) Amounts may be allotted to a savings fund established under such section from pay and allowances for any pay period ending after January 21, 1981 (C) Interest on amounts so allotted with respect to any such pay period shall be calculated as if the allotment had occurred at the end of such pay period. Recalculation of Previous Payments Pub. L. 110181, div. A, title VI,  675(b) Jan. 28, 2008 122 Stat. 187  In the case of any payment of back pay made to or for a person under section 667 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 [ Pub. L. 106398,  1 [[div. A] Jan. 28, 2008 (1) recalculate the amount of back pay to which the person is entitled by reason of the amendment made by subsection (a) [amending Pub. L. 106398,  1 [[div. A] (2) if the amount of back pay, as so recalculated, exceeds the amount of back pay so paid, pay the person, or the surviving spouse of the person, an amount equal to the excess. Back Pay for Members of the Navy and Marine Corps Selected for Promotion While Interned as Prisoners of War During World War II Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 110181, div. A, title VI,  675(a) Jan. 28, 2008 122 Stat. 186  (a)  Entitlement of Former Prisoners of War Upon receipt of a claim made in accordance with this section, the Secretary of the Navy shall pay, from any appropriation currently available to the Secretary, back pay to any person who, by reason of being interned as a prisoner of war while serving as a member of the Navy or the Marine Corps during World War II, was not available to accept a promotion for which the person had been selected. (b)  Payment to Surviving Spouse of Deceased Former Member In the case of a person described in subsection (a) who is deceased, the back pay for that person under this section shall be paid to the living surviving spouse of that person, if any. If there is no living surviving spouse, no claim may be paid under this section with respect to that person. (c)  Amount of Back Pay (1) The amount of back pay payable to or for a person described in subsection (a) is the amount equal to the difference between (A) the total amount of basic pay that would have been paid to that person for service in the Navy or the Marine Corps for the back-pay computation period if the person had been promoted to the grade to which selected to be promoted; and (B) the total amount of basic pay that was actually paid to or for that person for such service for the back-pay computation period. (2) For purposes of paragraph (1), the back-pay computation period for a person covered by subsection (a) is the period (A) beginning on the date (as determined by the Secretary of the Navy) as of when that persons promotion would have been effective for pay purposes but for the persons internment as a prisoner of war; and (B) ending on the earliest of (i) the date of the persons discharge or release from active duty; (ii) the date on which the persons promotion to that grade in fact became effective for pay purposes; and (iii) the end of World War II. (3) The amount determined for a person under paragraph (1) shall be increased to reflect increases in cost of living since the basic pay referred to in paragraph (1)(B) was paid to or for that person, calculated on the basis of the Consumer Price Index (all itemsUnited States city average) published monthly by the Bureau of Labor Statistics. (d)  Time Limitations (1) To be eligible for a payment under this section, a claimant must file a claim for such payment with the Secretary of the Navy within two years after the effective date of the regulations prescribed to carry out this section. (2) Not later than 18 months after receiving a claim for payment under this section, the Secretary shall determine the eligibility of the claimant for payment of the claim. Subject to subsection (f), if the Secretary determines that the claimant is eligible for the payment, the Secretary shall promptly pay the claim. (e)  Regulations Not later than six months after the date of the enactment of this Act [ Oct. 30, 2000 (f)  Limitation on Disbursement (1) Notwithstanding any power of attorney, assignment of interest, contract, or other agreement, the actual disbursement of a payment of back pay under this section may be made only to a person who is eligible for the payment under subsection (a) or (b). (2) In the case of a claim approved for payment but not disbursed as a result of paragraph (1), the Secretary shall hold the funds in trust for the person in an interest bearing account until such time as the person makes an election under such paragraph. (g)  Attorney Fees Notwithstanding any contract, the representative of a person may not receive, for services rendered in connection with the claim of, or with respect to, a person under this section, more than 10 percent of the amount of a payment made under this section on that claim. (h)  Outreach The Secretary of the Navy shall take such actions as are necessary to ensure that the benefits and eligibility for benefits under this section are widely publicized by means designed to provide actual notice of the availability of the benefits in a timely manner to the maximum number of eligible persons practicable. (i)  Definition In this section, the term World War II has the meaning given that term in section 101(8) of title 38 Payment to Individuals Held in Captive Status Between November 4, 1979 January 21, 1981 For payment for individuals in the uniformed services referred to in subsec. (c) of this section held in captive status between Nov. 4, 1979 Jan. 21, 1981 section 802 of Pub. L. 99399 section 5569 of Title 5 Executive Documents  Delegation of Functions Functions of President under this section delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12598, June 17, 1987 section 5569 of Title 5 CHAPTER 11 PAYMENTS TO MENTALLY INCOMPETENT PERSONS    Sec.  601. Applicability.  602. Payments: designation of person to receive amounts due.  603. Regulations.  604. Determination of Secretary final.  Editorial Notes Amendments 1990 Pub. L. 101510, div. A, title XIV,  1484(f)(1) Nov. 5, 1990 104 Stat. 1717  601. Applicability This chapter applies to (1) members of a uniformed service who are on active duty (other than for training) or who are on a retired list of that service; and (2) members of the Fleet Reserve or Fleet Marine Corps Reserve. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 483        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  601 37:351. June 21, 1950, ch. 342,  1 64 Stat. 249 The words on active duty (other than for training) are substituted for the words on the active . . . list to conform to longstanding administrative construction, and because there is no active list in the case of many of the uniformed services named, but only for certain regular component of those services, e.g., the Regular Army and the Regular Air Force. The words a retired list of that service are substituted for the words retired list, since there is more than one retired list for many of the services named. (See sections 1376, 3966, and 8966 of title 10, for example.) The words members of the Reserve components of the respective services entitled to Federal pay either on the active or any retired list of said services are omitted as covered by clause (1), since members of the reserve components are members of the uniformed services concerned. The word transferred is omitted as surplusage.  602. Payments: designation of person to receive amounts due (a) Active duty pay and allowances, amounts due for accrued or accumulated leave, or retired or retainer pay, that are otherwise payable to a member to whom this chapter applies and who is mentally incapable of managing his affairs, may be paid for that members use or benefit to (1) a legal committee, guardian, or other representative that has been appointed by a court of competent jurisdiction; (2) an individual to whom the member has granted authority to manage such funds pursuant to a valid and legally executed durable power of attorney; or (3) any person designated by the Secretary concerned, or by any officer to whom he delegates his authority under this section, without the appointment in judicial proceedings of a committee, guardian, or other legal representative. (b) An individual may not be designated under subsection (a)(3) to receive payments unless a board consisting of at least three qualified medical officers or physicians, one of whom is specially qualified in the treatment of mental disorders, determines that the member is mentally incapable of managing the members affairs. Any such board shall be appointed from available medical officers or physicians under his jurisdiction by the head of whichever of the following is providing medical treatment for the member, or by a person designated by that head (1) Department of the Army; (2) Department of the Navy; (3) Department of the Air Force; (4) Department of Health and Human Services; or (5) Department of Veterans Affairs. If the hospitalization or medical care of the member is not provided by the United States, the board shall be appointed by the Secretary of the department having jurisdiction of the member. (c) A payment made to a person who is authorized to receive payments under this section discharges the obligation of the United States as to the amount paid. (d) A person serving in a legal, medical, fiduciary, or other capacity, may not demand or accept a fee, commission, or other charge for any service performed under this chapter, unless a court of competent jurisdiction orders payment of such fee, commission, or other charge. (e) A person who is designated under subsection (a)(3) to receive payments under this section shall furnish satisfactory assurance that the amounts received by him will be applied to the use and benefit of the incompetent member, and, where the payments may reasonably be expected to be more than $25,000, shall provide a suitable bond to be paid for out of amounts due the incompetent member. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 483 Pub. L. 96513, title V,  516(17) Dec. 12, 1980 94 Stat. 2939 Pub. L. 101189, div. A, title XVI,  1621(b)(1) Nov. 29, 1989 103 Stat. 1604 Pub. L. 114328, div. A, title VI,  645 Dec. 23, 2016 130 Stat. 2167        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  602(a)   602(b) 37:352 (1st sentence, less 31 words before provisos and less provisos). 37:352 (last proviso of 1st sentence, 2d sentence, and last sentence). June 21, 1950, ch. 342 64 Stat. 249 Aug. 7, 1959 Pub. L. 86145,  1 73 Stat. 297 602(c) 37:352 (31 words before provisos of 1st sentence). 602(d) 37:352 (1st proviso of 1st sentence). 602(e) 37:352 (2d proviso of 1st sentence). 602(f) 37:353 (less 1st 28 words). In subsection (a), the words or persons and or officers are omitted, since, under section 1 of title 1 In subsection (c), the words or persons are omitted for the reasons given in the preceding paragraph. The words discharges the obligation are substituted for the words shall constitute a complete discharge. In subsection (d), the words under the authority of are omitted as surplusage. In subsection (e), the words have been and including a requirement are omitted as surplusage. The words or persons are omitted for the reason stated in the explanation under subsection (a), above. Editorial Notes Amendments 2016Subsec. (a). Pub. L. 114328,  645(1) (1) a legal committee, guardian, or other representative that has been appointed by a court of competent jurisdiction; (2) an individual to whom the member has granted authority to manage such funds pursuant to a valid and legally executed durable power of attorney; or (3) any person designated for use or benefit to any person designated. Subsec. (b). Pub. L. 114328,  645(2) Subsec. (c). Pub. L. 114328,  645(3) Subsec. (d). Pub. L. 114328,  645(4) Subsecs. (e), (f). Pub. L. 114328,  645(5) 1989Subsec. (b)(5). Pub. L. 101189 1980Subsec. (b)(4). Pub. L. 96513 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10  603. Regulations  The Secretary concerned and the Secretary of Veterans Affairs shall prescribe regulations necessary to carry out this chapter. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 484 Pub. L. 101189, div. A, title XVI,  1621(b)(2) Nov. 29, 1989 103 Stat. 1604        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  603 37:353 (1st 28 words). June 21, 1950, ch. 342,  3 64 Stat. 249 Aug. 7, 1959 Pub. L. 86145,  2 73 Stat. 297 The words effectively and provisions of are omitted as surplusage. Editorial Notes Amendments 1989 Pub. L. 101189  604. Determination of Secretary final  The determination as to the person authorized to receive a payment under section 602 of this title ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 484 Pub. L. 89718,  66 Nov. 2, 1966 80 Stat. 1123        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  604 37:354. June 21, 1950, ch. 342,  4 64 Stat. 250 The words or persons are omitted for the reasons stated in the revision note for section 602(a) of this revised title. The words made by the respective secretaries, or by their duly designated subordinates and the words and conclusive are omitted as surplusage. Editorial Notes Amendments 1966 Pub. L. 89718 CHAPTER 13 ALLOTMENTS AND ASSIGNMENTS OF PAY    Sec.  701. Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons.  [ 702. Repealed.]  703. Allotments: members of Coast Guard.  704. Allotments: officers of Public Health Service.  [ 705. Repealed.]  706. Allotments: commissioned officers of the National Oceanic and Atmospheric Administration.  707. Allotments: members of the National Guard.  Editorial Notes Amendments 2021 Pub. L. 116283, div. A, title IX,  925(h)(4) Jan. 1, 2021 134 Stat. 3828 1990 Pub. L. 101510, div. A, title XIV,  1484(f)(1) Nov. 5, 1990 104 Stat. 1717 1985 Pub. L. 99145, title VI,  683(a)(3) Nov. 8, 1985 99 Stat. 665 1980 Pub. L. 96513, title V,  516(18)(C) Dec. 12, 1980 94 Stat. 2939 1974 Pub. L. 93289,  11(c) May 24, 1974 88 Stat. 173 1966 Pub. L. 89718,  49(a)(3) Nov. 2, 1966 80 Stat. 1121  701. Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons (a) Under regulations prescribed by the Secretary of the military department concerned, a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force may transfer or assign the officers pay account, when due and payable. (b) A contract surgeon, or contract dental surgeon, of the Army, Navy, or Air Force, on duty in Alaska, Hawaii, the Philippine Islands, or Puerto Rico, may transfer or assign the persons pay account, when due and payable, under the regulations prescribed under subsection (a). (c) An enlisted member of the Army, Navy, Air Force, Marine Corps, or Space Force may not assign the members pay, and if the member does so, the assignment is void. (d) Under regulations prescribed by the Secretary of Defense, a member of the Army, Navy, Air Force, Marine Corps, or Space Force and a contract surgeon of the Army, Navy, or Air Force may make allotments from the pay of the member or surgeon for the purpose of supporting relatives or for any other purpose that the Secretary considers proper. Such allotments may include a maximum of six allotments considered to be discretionary under such regulations. For a member or former member entitled to retired or retainer pay, a maximum of six discretionary allotments authorized during active military service may be continued into retired status, and new discretionary allotments may be authorized so long as the total number of discretionary allotments does not exceed six. (e) If an allotment made under subsection (d) is paid to the allottee before the disbursing officer receives a notice of discontinuance from the officer required by regulation to furnish the notice, the amount of the allotment shall be credited to the disbursing officer. If an allotment is erroneously paid because the officer required by regulation to so report failed to report the death of the allotter or any other fact that makes the allotment not payable, the amount of the payment not recovered from the allottee shall, if practicable, be collected by the Secretary concerned from the officer who failed to make the report. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 484 Pub. L. 89718,  67 Nov. 2, 1966 80 Stat. 1123 Pub. L. 99145, title VI,  683(a)(1) Nov. 8, 1985 99 Stat. 665 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 104201, div. A, title VI,  651(a) Sept. 23, 1996 110 Stat. 2582 Pub. L. 116283, div. A, title IX,  925(h)(1) Jan. 1, 2021 134 Stat. 3828        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  701(a) 10:3689(a). [None.]  10:8689(a). [None.] 701(b) 10:3689(b) [None.]  10:8689(b). [None.] 701(c) 10:3689(c). [None.]  10:8689(c). [None.] 701(d) 10:3689(d). [None.]  10:8689(d). [None.] Editorial Notes Amendments 2021Subsec. (a). Pub. L. 116283,  925(h)(1) Subsec. (b). Pub. L. 116283,  925(h)(2)(B) Subsec. (c). Pub. L. 116283,  925(h)(1) Subsec. (d). Pub. L. 116283,  925(h)(1) 1996Subsecs. (d), (e). Pub. L. 104201 (1) member of the Army, Navy, Air Force, or Marine Corps; or (2) contract surgeon of the Army, Navy, or Air Force; to make allotments from his pay for the support of his relatives, or for any other purpose that the Secretary concerned considers proper. If an allotment made under this subsection is paid to the allottee before the disbursing officer receives a notice of discontinuance from the officer required by regulation to furnish the notice, the amount of the allotment shall be credited to the disbursing officer. If an allotment is erroneously paid because the officer required by regulation to so report failed to report the death of the allotter or any other fact that makes the allotment not payable, the amount of the payment not recovered from the allottee shall, if practicable, be collected by the Secretary concerned, from the officer who failed to make the report. 1991Subsec. (b). Pub. L. 10225 1985 Pub. L. 99145,  683(a)(2) Subsec. (a). Pub. L. 99145,  683(a)(1)(A) Subsec. (b). Pub. L. 99145,  683(a)(1)(B) Subsec. (c). Pub. L. 99145,  683(a)(1)(A) Subsec. (d). Pub. L. 99145,  683(a)(1)(C) Subsec. (d)(1). Pub. L. 99145,  683(a)(1)(A) Subsec. (d)(2). Pub. L. 99145,  683(a)(1)(B) 1966Subsec. (d). Pub. L. 89718 Statutory Notes and Related Subsidiaries Regulations Pub. L. 104201, div. A, title VI,  651(b) Sept. 23, 1996 110 Stat. 2582 The Secretaries of the military departments shall prescribe regulations under subsection (d) of section 701 of title 37 October 1, 1997 [ 702. Repealed. Pub. L. 99145, title VI,  683(b)(1) Nov. 8, 1985 99 Stat. 665   Section, Pub. L. 87649 Sept. 7, 1962 76 Stat. 484 section 701 of this title  703. Allotments: members of Coast Guard  Members of the Coast Guard may, under regulations prescribed by the Secretary of Homeland Security, make allotments from their pay and allowances. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 484 Pub. L. 90623,  3(1) Oct. 22, 1968 82 Stat. 1314 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  703 14:464. [None.] The words members of the Coast Guard are substituted for the words officers and enlisted men, since together they compose the entire membership. Editorial Notes Amendments 2002 Pub. L. 107296 1968 Pub. L. 90623 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1968 Amendment Amendment by Pub. L. 90623 Oct. 22, 1968 section 6 of Pub. L. 90623 section 5334 of Title 5  704. Allotments: officers of Public Health Service  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. 87649 Sept. 7, 1962 76 Stat. 485        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  704 42:210(b) (1st sentence). July 1, 1944, ch. 373,  209(c) 58 Stat. 686 Feb. 28, 1948, ch. 83,  5(a) 62 Stat. 40 Oct. 12, 1949, ch. 681,  521(b) July 1, 1944 63 Stat. 834 Aug. 9, 1950, ch. 654,  1 64 Stat. 426 Apr. 8, 1960 Pub. L. 86415,  5(b) 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 section 202 of Title 42 section 3508(b) of Title 20 [ 705. Repealed. Pub. L. 99145, title VI,  683(b)(1) Nov. 8, 1985 99 Stat. 665   Section, Pub. L. 87649 Sept. 7, 1962 76 Stat. 485 section 701 of this title  706. Allotments: commissioned officers of the National Oceanic and Atmospheric Administration  Under regulations prescribed by the Secretary of Commerce, commissioned officers of the National Oceanic and Atmospheric Administration may make allotments or assignments of their pay. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 485 Pub. L. 89718,  49(a)(1) Nov. 2, 1966 80 Stat. 1121 Pub. L. 96513, title V,  516(18)(A) Dec. 12, 1980 94 Stat. 2939        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  706 33:862. Mar. 4, 1907, ch. 2918,  1 June 21, 1955, ch. 172,  1 Sept. 26, 1961 Pub. L. 87304 75 Stat. 665 Editorial Notes Amendments 1980 Pub. L. 96513 1966 Pub. L. 89718 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10  707. Allotments: members of the National Guard (a) The Secretary of the Army or the Secretary of the Air Force, as the case may be, may allow a member of the National Guard who is not on active duty to make allotments from his pay under sections 204 and 206 of this title for the payment of premiums under a group life insurance program sponsored by the military department of the State in which such member holds his National Guard membership or by the National Guard association of such State if the State or association concerned has agreed in writing to reimburse the United States for all costs incurred by the United States in providing for such allotments. The amount of such costs and procedures for reimbursements shall be determined by the Secretary of Defense and his determination shall be conclusive. All amounts of reimbursements for such costs received by the United States from a State or an association shall be credited to the appropriations or funds against which charges have been made for such costs. (b) The United States is not liable for loss or damage suffered by a person as a result of an error made by an officer or employee of the United States in carrying out the allotment program under subsection (a). (Added Pub. L. 93289,  11(a) May 24, 1974 88 Stat. 172 Pub. L. 96513, title V,  516(19) Dec. 12, 1980 94 Stat. 2939 Pub. L. 97295,  3(5) Oct. 12, 1982 96 Stat. 1304 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117        Historical and Revision Notes   1982 Act  Revised section Source (U.S. Code) Source (Statutes at Large)  707(b) 37:707 (note). May 24, 1974 Pub. L. 93289,  11(b) 88 Stat. 173 In subsection (b), the words is not are substituted for shall not be for consistency. Editorial Notes Amendments 1991Subsec. (b). Pub. L. 10225 1982 Pub. L. 97295 1980 Pub. L. 96513 Statutory Notes and Related Subsidiaries Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Liability of United States for Losses or Damages Pub. L. 93289,  11(b) May 24, 1974 88 Stat. 173 Pub. L. 97295 Oct. 12, 1982 96 Stat. 1304 CHAPTER 15 PROHIBITIONS AND PENALTIES    Sec.  [ 801. Repealed.]  802. Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs.  803. Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls.  [ 804 805. Repealed.]  Editorial Notes Amendments 2021 Pub. L. 116283, div. A, title IX,  925(i)(2)(C) Jan. 1, 2021 134 Stat. 3829 1996 Pub. L. 104106, div. A, title XI,  1122(c)(2) Feb. 10, 1996 110 Stat. 463 1994 Pub. L. 103355, title VI,  6001(a)(2) Oct. 13, 1994 108 Stat. 3362 1990 Pub. L. 101510, div. A, title XIV,  1484(f)(1) Nov. 5, 1990 104 Stat. 1717 1985 Pub. L. 99145, title VI,  683(b)(3) Nov. 8, 1985 99 Stat. 666 [ 801. Repealed. Pub. L. 103355, title VI,  6001(a)(1) Oct. 13, 1994 108 Stat. 3362   Section, Pub. L. 87649 Sept. 7, 1962 76 Stat. 485 Pub. L. 89718 Nov. 2, 1966 80 Stat. 1121 Pub. L. 96513, title V,  516(20) Dec. 12, 1980 94 Stat. 2939 Pub. L. 101194, title V,  505(a) Nov. 30, 1989 103 Stat. 1756 Pub. L. 101510, div. A, title XIV,  1484(c)(2) Nov. 5, 1990 104 Stat. 1716  802. Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs  A member of the Army, Navy, Air Force, Marine Corps, or Space Force, on active duty who is absent from the members regular duties for a continuous period of more than one day because of disease that is directly caused by and immediately follows the members intemperate use of alcoholic liquor or habit-forming drugs is not entitled to pay for the period of that absence. However, a member whose pay is forfeited for more than one month is entitled to $5 for personal expenses for each full month that the members pay is forfeited. Determinations of periods and causes of absence under this section shall be made as prescribed by the Secretary concerned, and are final. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 485 Pub. L. 116283, div. A, title IX,  925(i)(1) Jan. 1, 2021 134 Stat. 3828        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  802 10:3632. [None.]  10:6111. [None.]  10:8632. [None.] The words Navy . . . or Marine Corps are substituted for the words naval service, in section 6111 of title 10 section 5001(a)(3) of title 10 Editorial Notes Amendments 2021 Pub. L. 116283  803. Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls  A commissioned officer of the Army, the Air Force, or the Space Force who is dropped from the rolls under section 1161(b) of title 10 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 486 Pub. L. 116283, div. A, title IX,  925(i)(2)(A) Jan. 1, 2021 134 Stat. 3828        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  803 10:3633. 10:8633. [None.] [None.] Editorial Notes Amendments 2021 Pub. L. 116283 [ 804. Repealed. Pub. L. 104106, div. A, title XI,  1122(c)(1) Feb. 10, 1996 110 Stat. 463   Section, Pub. L. 87649 Sept. 7, 1962 76 Stat. 486 [ 805. Repealed. Pub. L. 99145, title VI,  683(b)(1) Nov. 8, 1985 99 Stat. 665   Section, Pub. L. 87649 Sept. 7, 1962 76 Stat. 486 section 701 of this title CHAPTER 17 MISCELLANEOUS RIGHTS AND BENEFITS    Sec.  901. Wartime pay of officer of armed force exercising command higher than his grade.  902. Pay of crews of wrecked or lost naval vessels.  903. Retired members recalled to active duty; former members.  [ 904. Repealed.]  905. Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances.  906. Extension of enlistment: effect on pay and allowances.  907. Enlisted members and warrant officers appointed as officers: pay and allowances stabilized.  908. Reserves and retired members: acceptance of employment, payments, and awards from foreign governments.  909. Special and incentive pay: payment at unreduced rates during suspension of personnel laws.  910. Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service.  Editorial Notes Amendments 2021 Pub. L. 116283, div. A, title VI,  641(c)(2) Jan. 1, 2021 134 Stat. 3684 2006 Pub. L. 109163, div. A, title VI,  614(b) Jan. 6, 2006 119 Stat. 3293 2001 Pub. L. 107107, div. A, title VI,  623(a)(2) Dec. 28, 2001 115 Stat. 1143 1990 Pub. L. 101510, div. A, title XIV,  1484(f)(1) Nov. 5, 1990 104 Stat. 1717 1982 Pub. L. 97295,  3(6)(B) Oct. 12, 1982 96 Stat. 1304 1980 Pub. L. 96513, title V,  506(8) Dec. 12, 1980 94 Stat. 2919 section 904 of this title Pub. L. 96343,  6(a)(2) Sept. 8, 1980 94 Stat. 1127 1970 Pub. L. 91484,  1(2) Oct. 21, 1970 84 Stat. 1084  901. Wartime pay of officer of armed force exercising command higher than his grade  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 O7) appropriate to the command so exercised. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 486        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  901 37:235a. Apr. 26, 1898, ch. 191,  7 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 July 29, 1960  902. Pay of crews of wrecked or lost naval vessels (a) When the accounts of the disbursing officer of a naval vessel are lost as a result of the destruction of the vessel, his return for the last month may, unless there is official evidence to the contrary, be used in computing later credits to and settling accounts of persons, other than officers, carried on his accounts. If the return for the last month has not been made, the pay accounts may be settled on principles of equity and justice. (b) When a naval vessel is lost or has not been heard from for so long that her loss may be presumed, the Secretary of the Navy may fix the date of loss of the vessel for the purpose of settling the accounts of persons aboard other than officers. (c) When the crew of a naval vessel is separated from that vessel because of her wreck, loss, or destruction, the pay and emoluments of those officers and enlisted members that the Secretary considers (because of the sentence of a court-martial or the finding of a court of inquiry, or by other satisfactory evidence) to have done their utmost to save the vessel and, after the wreck, loss, or destruction, to have behaved themselves according to the discipline of the Navy, continue and shall be paid to them until their discharge or death, whichever is earlier. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 486 Pub. L. 104316, title I,  118 Oct. 19, 1996 110 Stat. 3836        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  902(a) 902(b) 902(c) 10:6144. 10:6145. 37:243. [None.] [None.] R.S. 1574. In subsections (a) and (c), the words naval vessel are substituted for the words any vessel of the United States, in section 243 of existing title 37, and the words vessel in the employ of the United States, in section 6144 of title 10 In subsection (c), the word continues is substituted for the words go on. The words whichever is earlier are inserted for clarity. The words or the findings of a are inserted since a court of inquiry cannot impose a sentence. Editorial Notes Amendments 1996Subsec. (b). Pub. L. 104316  903. Retired members recalled to active duty; former members  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. 87649 Sept. 7, 1962 76 Stat. 487        Historical and Revision Notes  Revised section Source (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 [ 904. Repealed. Pub. L. 96513, title IV,  403(a) Dec. 12, 1980 94 Stat. 2904   Section, Pub. L. 87649 Sept. 7, 1962 76 Stat. 487 Pub. L. 90130,  3(2) Nov. 8, 1967 81 Stat. 383 Pub. L. 90623,  3(8) Oct. 22, 1968 82 Stat. 1315 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Sept. 15, 1981 section 403(a) of Pub. L. 96513 Dec. 12, 1980 section 701 of Pub. L. 96513 section 101 of Title 10  905. Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances (a) A reserve officer who is promoted under chapter 1405 of title 10 to a grade above lieutenant (junior grade) in the Navy Reserve or above first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the grade to which promoted for duty performed from the date on which he becomes eligible for promotion to that grade. (b) A reserve officer who is promoted under section 14308(b) of title 10 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 488 Pub. L. 95377,  9 Sept. 19, 1978 92 Stat. 721 Pub. L. 96513, title IV,  403(b) Dec. 12, 1980 94 Stat. 2904 Pub. L. 103337, div. A, title XVI,  1676(b)(3) Oct. 5, 1994 108 Stat. 3019 Pub. L. 109163, div. A, title V,  515(d)(1)(F) Jan. 6, 2006 119 Stat. 3236        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  905(a) 10:6141. [None.] 905(b) 10:5907. [None.] 905(c) 10:5908(a) (last sentence). [None.] 905(d) 10:5788(c). [None.] 905(e) 10:5787b(c). [None.] 905(f) 10:5505(c). [None.] 905(g) 10:5597(h) (last sentence). [None.]  10:5597(i) (last 21 words). [None.] 905(h) 10:5787(g) (last 21 words). [None.]  10:5787(h) (last sentence). [None.] Editorial Notes Amendments 2006 Pub. L. 109163 1994Subsec. (a). Pub. L. 103337,  1676(b)(3)(A) Subsec. (b). Pub. L. 103337,  1676(b)(3)(B) 1980 Pub. L. 96513 section 904 of this title 1978Subsec. (h). Pub. L. 95377 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Dec. 1, 1994 section 1691 of Pub. L. 103337 section 10001 of Title 10 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Sept. 15, 1981 Pub. L. 96513 Dec. 12, 1980 section 701 of Pub. L. 96513 section 101 of Title 10 Transition Provisions Under Defense Officer Personnel Management Act For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96513 Pub. L. 96513 Pub. L. 96513 section 611 of Title 10  906. Extension of enlistment: effect on pay and allowances  A member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, who extends his enlistment under section 509 of title 10 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 489 Pub. L. 90235,  2(c) Jan. 2, 1968 81 Stat. 757 Pub. L. 116283, div. A, title IX,  925(j) Jan. 1, 2021 134 Stat. 3829        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  906(a) 10:3263(b). [None.]  10:8263(b). [None.] 906(b) 10:5539(b). [None.] In subsection (a), the words who extends his enlistment are substituted for the words While serving under an enlistment extended. The words same pay and allowances as though he had reenlisted are substituted for the last 31 words of section 3263(b) of title 10 section 8263(b) of title 10 Editorial Notes Amendments 2021 Pub. L. 116283 1968 Pub. L. 90235 section 509 of title 10 section 5539 of title 10 Statutory Notes and Related Subsidiaries  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6  907. Enlisted members and warrant officers appointed as officers: pay and allowances stabilized (a) An enlisted member who accepts an appointment as an officer shall, for service as an officer, be paid the greater of (1) the pay and allowances to which the officer is entitled as an officer; or (2) the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer. (b) A warrant officer who accepts an appointment as a commissioned officer in a pay grade above W4 shall, for service as such a commissioned officer, be paid the greater of (1) the pay and allowances to which the officer is entitled as such a commissioned officer; (2) the pay and allowances to which the officer would be entitled if the officer were in the last warrant officer grade the officer held before the appointment as such a commissioned officer; or (3) in the case of an officer who was formerly an enlisted member, the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer. (c) For the purposes of this section (1) the pay and allowances of a grade formerly held by an officer include (A) subject to subsection (d), special and incentive pays under chapter 5 of this title; and (B) subject to subsection (e), allowances under chapter 7 of this title; and (2) the rates of pay and allowances of a grade which an officer formerly held are those to which the officer would have been entitled had the officer remained in that grade and continued to receive the increases in pay and allowances authorized for that grade, as otherwise provided in this title. (d) (1) In determining the amount of the pay and allowances of a grade formerly held by an officer, the following special and incentive pays may be considered only so long as the officer continues to perform the duty that creates the entitlement to, or eligibility for, that pay and would otherwise be eligible to receive that pay in the former grade: (A) Incentive pay for hazardous duty under section 301 or 351 of this title. (B) Submarine duty incentive pay under section 301c or 352 of this title. (C) Special pay for diving duty under section 304 or 353(a) of this title. (D) Hardship duty pay under section 305 or 352 of this title. (E) Career sea pay under section 305a or 352 of this title. (F) Special pay for service as a member of a Weapons of Mass Destruction Civil Support Team under section 305b or 352 of this title. (G) Assignment incentive pay under section 307a or 352 of this title. (H) Special pay for duty subject to hostile fire or imminent danger under section 310 or 351 of this title. (I) Special pay or bonus for an extension of duty at a designated overseas location under section 314 or 352 of this title. (J) Foreign language proficiency pay under section 353(b) of this title (K) Critical skill retention bonus under section section 1 1 (2) The following special and incentive pays are dependent on a member being in an enlisted status and may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer: (A) Special duty assignment pay under section 307 or 352 of this title. (B) Reenlistment bonus under section 331 of this title (C) Enlistment bonus under section 331 of this title (D) Career enlisted flyer incentive pay under section 320 or 353 of this title. (e) The clothing allowance under section 418 of this title section 415 of this title (Added Pub. L. 91484,  1(1) Oct. 21, 1970 84 Stat. 1083 Pub. L. 96343,  6(a)(1) Sept. 8, 1980 94 Stat. 1126 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 10585, div. A, title VI,  619(d) Nov. 18, 1997 111 Stat. 1790 Pub. L. 105261, div. A, title VI,  617(b) Oct. 17, 1998 112 Stat. 2041 Pub. L. 109163, div. A, title VI,  686(a) Jan. 6, 2006 119 Stat. 3325 Pub. L. 114328, div. A, title VI,  618(h)(4) Dec. 23, 2016 130 Stat. 2161 Pub. L. 11591, div. A, title VI,  618(h) Dec. 12, 2017 131 Stat. 1427  Editorial Notes Amendments 2017Subsec. (d)(1)(A). Pub. L. 11591,  618(h)(1)(A) Subsec. (d)(1)(B). Pub. L. 11591,  618(h)(1)(B) Subsec. (d)(1)(C). Pub. L. 11591,  618(h)(1)(C) Subsec. (d)(1)(D). Pub. L. 11591,  618(h)(1)(D) Subsec. (d)(1)(E). Pub. L. 11591,  618(h)(1)(E) Subsec. (d)(1)(F). Pub. L. 11591,  618(h)(1)(F) Subsec. (d)(1)(G). Pub. L. 11591,  618(h)(1)(G) Subsec. (d)(1)(I). Pub. L. 11591,  618(h)(1)(H) Subsec. (d)(1)(J). Pub. L. 11591,  618(h)(1)(I) Subsec. (d)(1)(K). Pub. L. 11591,  618(h)(1)(J) Subsec. (d)(2)(A). Pub. L. 11591,  618(h)(2)(A) Subsec. (d)(2)(B). Pub. L. 11591,  618(h)(2)(B) Subsec. (d)(2)(C). Pub. L. 11591,  618(h)(2)(C) Subsec. (d)(2)(D). Pub. L. 11591,  618(h)(2)(D) 2016Subsec. (d)(1)(H). Pub. L. 114328 2006Subsecs. (a), (b). Pub. L. 109163,  686(b)(1) Subsec. (c)(2). Pub. L. 109163,  686(b)(2) Subsec. (d). Pub. L. 109163,  686(a) section 301 of this title section 304 of this title section 305 of this title section 305a of this title section 307 of this title 1998Subsec. (d). Pub. L. 105261 1997Subsec. (d). Pub. L. 10585 1991Subsec. (c)(1). Pub. L. 10225 1980 Pub. L. 96343 Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment Pub. L. 109163, div. A, title VI,  686(c) Jan. 6, 2006 119 Stat. 3326 Subsection (d) of section 907 of title 37 Jan. 6, 2006 Effective Date of 1980 Amendment Pub. L. 96343,  6(c) Sept. 8, 1980 94 Stat. 1127 The amendments made by this section [amending this section and section 203 of this title August 31, 1980  908. Reserves and retired members: acceptance of employment, payments, and awards from foreign governments (a)  Congressional Consent Subject to subsections (b) and (c), Congress consents to the following persons accepting civil employment (and compensation for that employment), accepting payment for speeches, travel, meals, lodging, or registration fees, or accepting a non-cash award, for which the consent of Congress is required by the last paragraph of section 9 of article I of the Constitution, related to acceptance of emoluments, offices, or titles from a foreign government: (1) Retired members of the uniformed services. (2) Members of a reserve component of the armed forces, except members serving on active duty under a call or order to active duty for a period in excess of 30 days. (3) Members of the Commissioned Reserve Corps 1 1 (b)  Approval Required for Employment and Compensation A person described in subsection (a) may accept employment or compensation described in that subsection only if the Secretary concerned and the Secretary of State approve the employment. (c)  Approval Required for Certain Payments and Awards A person described in subsection (a) may accept payment for speeches, travel, meals, lodging, or registration fees described in that subsection, or accept a non-cash award described in that subsection, only if the Secretary concerned approves the payment or award. (d)  Annual Reports on Approvals for Retired General and Flag Officers (1) Not later than January 31 each year, the Secretaries of the military departments, after consulting with the Secretary of State, shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report on each approval under subsection (b) for employment or compensation described in subsection (a), and each approval under subsection (c) for a payment or award described in subsection (a), for a retired member of the armed forces in general or flag officer grade that was issued during the preceding year. (2) The report under paragraph (1) on an approval described in that paragraph with respect to an officer shall set forth the following: (A) The foreign government providing the employment or compensation or payment or award. (B) The duties, if any, to be performed in connection with the employment or compensation or payment or award. (C) The total amount of compensation, if any, or payment to be provided. (e)  Military Service in Foreign Armed Forces For a provision of law providing the consent of Congress to service in the military forces of certain foreign nations, see section 1060 of title 10 (Added Pub. L. 97295,  3(6)(A) Oct. 12, 1982 96 Stat. 1304 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 103160, div. A, title XIV,  1433(c) Nov. 30, 1993 107 Stat. 1834 Pub. L. 103337, div. A, title X,  1070(d)(6) Oct. 5, 1994 108 Stat. 2858 Pub. L. 11692, div. A, title VI,  651(a) Dec. 20, 2019 133 Stat. 1431 Pub. L. 116283, div. A, title VI,  641(a) Jan. 1, 2021 134 Stat. 3683        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  908 37:801 (note). Aug. 17, 1977 Pub. L. 95105,  509(a) 91 Stat. 859 In subsection (a), the words for which are substituted for with respect to which for clarity. The text of section 509(c) of the Act of August 17, 1977 Editorial Notes Amendments 2021 Pub. L. 116283,  641(c)(1) Subsec. (a). Pub. L. 116283,  641(a)(1)(A) Subsec. (a)(2). Pub. L. 116283,  641(a)(1)(B) Subsec. (b). Pub. L. 116283,  641(a)(2) Subsec. (c). Pub. L. 116283,  641(a)(4) Subsec. (d). Pub. L. 116283,  641(a)(3) Subsec. (e). Pub. L. 116283,  641(a)(3) 2019Subsecs. (c), (d). Pub. L. 11692,  651(a) 1994Subsec. (c). Pub. L. 103337 1993 Pub. L. 103160 1991Subsec. (a). Pub. L. 10225 Subsec. (b). Pub. L. 10225 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 Scope of First Report Pub. L. 11692, div. A, title VI,  651(b) Dec. 20, 2019 133 Stat. 1431 The first report submitted pursuant to subsection (c) of section 908 of title 37 Dec. 20, 2019  909. Special and incentive pay: payment at unreduced rates during suspension of personnel laws (a)  Authority To Continue Payment at Unreduced Rates To ensure fairness and recognize the contributions of members of the armed forces to military essential missions, the Secretary of the military department concerned may authorize members who are involuntarily retained on active duty under section 123 or 12305 of title 10 or any other provision of law and who, immediately before retention on active duty, were entitled or eligible for special pay or incentive pay under chapter 5 of this title, to receive that special pay or incentive pay for qualifying service performed during the retention period, without a reduction in the payment rate below the rate the members received immediately before retention on active duty, notwithstanding any requirement otherwise applicable to that special pay or incentive pay that would reduce the payment rate by reason of the years of service of the members. (b)  Suspension During Time of War Subsection (a) does not apply with respect to a special pay or incentive pay under chapter 5 of this title, whenever the authority to provide that special pay or incentive pay is suspended by the President or the Secretary of Defense during a time of war. (c)  Qualifying Service Defined In this section, the term qualifying service means service for which a particular special pay or incentive pay is payable under the authority of a provision of chapter 5 of this title. (Added Pub. L. 107107, div. A, title VI,  623(a)(1) Dec. 28, 2001 115 Stat. 1142  Statutory Notes and Related Subsidiaries Effective Date Pub. L. 107107, div. A, title VI,  623(b) Dec. 28, 2001 115 Stat. 1143  Section 909 of title 37 September 11, 2001  910. Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service (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 members 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 (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 (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 members 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 members mobilization or the 12 months covered by the members 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, 2023 (Added Pub. L. 109163, div. A, title VI,  614(a) Jan. 6, 2006 119 Stat. 3292 Pub. L. 110181, div. A, title VI,  604 Jan. 28, 2008 122 Stat. 145 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4483 Pub. L. 11184, div. A, title VI,  611(7) Oct. 28, 2009 123 Stat. 2352 Pub. L. 111383, div. A, title VI Jan. 7, 2011 124 Stat. 4235 Pub. L. 11281, div. A, title VI,  611(7) Dec. 31, 2011 125 Stat. 1449 Pub. L. 112239, div. A, title VI,  611(8) Jan. 2, 2013 126 Stat. 1776 Pub. L. 11366, div. A, title VI,  611(8) Dec. 26, 2013 127 Stat. 780 Pub. L. 113291, div. A, title VI,  611(8) Dec. 19, 2014 128 Stat. 3399 Pub. L. 11492, div. A, title VI,  611(8) Nov. 25, 2015 129 Stat. 838 Pub. L. 114328, div. A, title VI Dec. 23, 2016 130 Stat. 2157 Pub. L. 11591, div. A, title VI,  611(8) Dec. 12, 2017 131 Stat. 1421 Pub. L. 115232, div. A, title VI,  611(a) Aug. 13, 2018 132 Stat. 1796 Pub. L. 11692, div. A, title VI,  611(a) Dec. 20, 2019 133 Stat. 1425 Pub. L. 116283, div. A, title VI,  611(a) Jan. 1, 2021 134 Stat. 3673 Pub. L. 11781, div. A, title VI,  611(a) Dec. 27, 2021 135 Stat. 1769 Pub. L. 117263, div. A, title VI,  601(a) Dec. 23, 2022 136 Stat. 2619  Editorial Notes Amendments 2022Subsec. (g). Pub. L. 117263 December 31, 2023 December 31, 2022 2021Subsec. (g). Pub. L. 11781 December 31, 2022 December 31, 2021 Pub. L. 116283 December 31, 2021 December 31, 2020 2019Subsec. (g). Pub. L. 11692 December 31, 2020 December 31, 2019 2018Subsec. (g). Pub. L. 115232 December 31, 2019 December 31, 2018 2017Subsec. (g). Pub. L. 11591 December 31, 2018 December 31, 2017 2016Subsec. (b)(2)(B). Pub. L. 114328,  618(h)(5) Subsec. (g). Pub. L. 114328,  611(8) December 31, 2017 December 31, 2016 2015Subsec. (g). Pub. L. 11492 December 31, 2016 December 31, 2015 2014Subsec. (g). Pub. L. 113291 December 31, 2015 December 31, 2014 2013Subsec. (g). Pub. L. 11366 December 31, 2014 December 31, 2013 Pub. L. 112239 December 31, 2013 December 31, 2012 2011Subsec. (b)(3). Pub. L. 111383,  601(a) Subsec. (g). Pub. L. 11281 December 31, 2012 December 31, 2011 Pub. L. 111383,  611(7) December 31, 2011 December 31, 2010 2009Subsec. (g). Pub. L. 11184 December 31, 2010 December 31, 2009 2008Subsec. (a). Pub. L. 110181,  604(a) Subsec. (b). Pub. L. 110181,  604(b) (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 members separation from a previous period of involuntary active duty for a period of 180 days or more. Subsec. (g). Pub. L. 110417 December 31, 2009 December 31, 2008 Pub. L. 110181,  604(c) December 31, 2008 Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment Pub. L. 111383, div. A, title VI,  601(b) Jan. 7, 2011 124 Stat. 4235 Subsection (b)(3) of section 910 of title 37 Jan. 7, 2011 Effective Date Pub. L. 109163, div. A, title VI,  614(c) Jan. 6, 2006 119 Stat. 3293  Section 910 of title 37 Jan. 6, 2006 CHAPTER 19 ADMINISTRATION    Sec.  1001. Regulations relating to pay and allowances.  1002. Additional training or duty without pay: Reserves and members of National Guard.  1003. Assimilation of pay and allowances.  1004. Computation of pay and allowances for month or part of month.  1005. Army, Air Force, and Space Force: prompt payments required.  1006. Advance payments.  1007. Deductions from pay.  1008. Presidential recommendations concerning adjustments and changes in pay and allowances.  1009. Adjustments of monthly basic pay.  1010. Commissioned officers: promotions; effective date for pay and allowances.  1011. Mess operations: reimbursement of expenses. 1 1  1012. Disbursement and accounting: pay of enlisted members of the National Guard.  1013. Payment of compensation for victims of terrorism.  1014. Payment date for pay and allowances.  1015. Recordation of installment payment obligations for incentive pays and similar benefits.  Editorial Notes Amendments 2021 Pub. L. 116283, div. A, title IX,  925(k)(1)(C) Jan. 1, 2021 134 Stat. 3829 2015 Pub. L. 11492, div. A, title VI,  662(b) Nov. 25, 2015 129 Stat. 859 2006 Pub. L. 109364, div. A, title X,  1046(b)(2) Oct. 17, 2006 120 Stat. 2394 1999 Pub. L. 10665, div. A, title VI,  673(a)(2) Oct. 5, 1999 113 Stat. 674 1997 Pub. L. 10585, div. A, title VI,  604(a)(2) Nov. 18, 1997 111 Stat. 1784 1990 Pub. L. 101510, div. A, title XIV,  1484(f)(1) Nov. 5, 1990 104 Stat. 1717 1987 Pub. L. 10026,  8(b)(2) Apr. 21, 1987 101 Stat. 285 1986 Pub. L. 99500,  101(c) [title IX,  9103(2)] Oct. 18, 1986 100 Stat. 178382 Pub. L. 99591,  101(c) [title IX,  9103(2)] Oct. 30, 1986 100 Stat. 334182 Pub. L. 99399, title VIII,  806(e)(2) Aug. 27, 1986 100 Stat. 889 1985 Pub. L. 99145, title XIII,  1303(b)(13)(C) Nov. 8, 1985 99 Stat. 741 1982 Pub. L. 97258,  2(i)(2)(A) Sept. 13, 1982 96 Stat. 1061 1980 Pub. L. 96513, title V Dec. 12, 1980 94 Stat. 2919 1974 Pub. L. 93419,  4 Sept. 19, 1974 88 Stat. 1152 1965 Pub. L. 89132,  2(b) Aug. 21, 1965 79 Stat. 547  1001. Regulations relating to pay and allowances (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 Secretarys jurisdiction. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 489 Pub. L. 89718 Nov. 2, 1966 80 Stat. 1121 Pub. L. 90623,  3(1) Oct. 22, 1968 82 Stat. 1314 Pub. L. 96513, title V,  516(22) Dec. 12, 1980 94 Stat. 2939 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314        Historical and Revision Notes  Revised section Source (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 Sept. 2, 1957 Pub. L. 85272,  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 Editorial Notes Amendments 2002Subsec. (c). Pub. L. 107296 1991Subsec. (b). Pub. L. 10225 1980Subsec. (b). Pub. L. 96513,  516(22)(A) Subsec. (c). Pub. L. 96513,  516(22)(B) 1968Subsec. (c). Pub. L. 90623 1966Subsec. (b). Pub. L. 89718 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Effective Date of 1968 Amendment Amendment by Pub. L. 90623 Oct. 22, 1968 section 6 of Pub. L. 90623 section 5334 of Title 5  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 section 542 of Title 6  1002. Additional training or duty without pay: Reserves and members of National Guard (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 (2) If a military technician (dual status), as described in section 10216 of title 10 section 6323(d) of title 5 (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. 87649 Sept. 7, 1962 76 Stat. 489 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 10665, div. A, title VI,  672(a) Oct. 5, 1999 113 Stat. 674 Pub. L. 11281, div. A, title VI,  631(f)(4)(A) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Pub. L. 117263, div. A, title VI,  626(h)(7) Dec. 23, 2022 136 Stat. 2630        Historical and Revision Notes  Revised section Source (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) 63 Stat. 826 Aug. 10, 1956, ch. 1041,  20(f) 70A Stat. 629 June 30, 1960 Pub. L. 86559,  8 74 Stat. 282 Aug. 25, 1961 Pub. L. 87164 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 Subsection (d) is substituted for section 301(e) of existing title 37. Editorial Notes Amendments 2022Subsec. (b)(1). Pub. L. 117263 2013Subsec. (b)(1). Pub. L. 112239,  1076(a)(9) Pub. L. 11281,  631(f)(4)(A) 2011Subsec. (b)(1). Pub. L. 11281,  631(f)(4)(A) Pub. L. 112239,  1076(a)(9) 1999Subsec. (b). Pub. L. 10665 1991Subsec. (b). Pub. L. 10225 Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 112239, div. A, title X,  1076(a) Jan. 2, 2013 126 Stat. 1947 Dec. 31, 2011 Pub. L. 11281 Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  672(c) Oct. 5, 1999 113 Stat. 674 The amendment made by subsection (a) [amending this section] shall be effective as of February 10, 1996 Public Law 104106 110 Stat. 432 section 6323 of Title 5  1003. Assimilation of pay and allowances  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. 87649 Sept. 7, 1962 76 Stat. 490 Pub. L. 11281, div. A, title VI,  631(f)(4)(A) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Pub. L. 117263, div. A, title VI,  626(h)(8) Dec. 23, 2022 136 Stat. 2630        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  1003 37:309. Oct. 12, 1949, ch. 681,  509 May 19, 1952, ch. 310,  3 66 Stat. 80 Editorial Notes Amendments 2022 Pub. L. 117263 2013 Pub. L. 112239,  1076(a)(9) Pub. L. 11281,  631(f)(4)(A) 2011 Pub. L. 11281,  631(f)(4)(A) Pub. L. 112239,  1076(a)(9) Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 112239, div. A, title X,  1076(a) Jan. 2, 2013 126 Stat. 1947 Dec. 31, 2011 Pub. L. 11281  1004. Computation of pay and allowances for month or part of month  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 ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 490        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  1004 37:310. Oct. 12, 1949, ch. 681,  510 63 Stat. 828  1005. Army, Air Force, and Space Force: prompt payments required  Members of the Army, the Air Force, and the Space Force shall be paid at such times that arrears will at no time be more than two months, unless circumstances make further arrears unavoidable. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 490 Pub. L. 116283, div. A, title IX,  925(k)(1)(A) Jan. 1, 2021 134 Stat. 3829        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  1005 37:310b. R.S. 1189. The applicability of this section to members of the Air Force is based on Department of Defense Transfer Order No. 25, dated October 14, 1948 Editorial Notes Amendments 2021 Pub. L. 116283  1006. Advance payments (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 members change of permanent station; or (2) the amount of an allotment made from such members 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 members dependents only if all dependents of members of the uniformed services are ordered evacuated from the place where the members 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 months 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 section 452(b)(11) of this title (h) Notwithstanding subsections (a) and (b) of section 3324 of title 31 (i) Under regulations prescribed by the Secretary concerned, not more than one months 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 months 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. 87649 Sept. 7, 1962 76 Stat. 490 Pub. L. 8926,  1(6) May 22, 1965 79 Stat. 117 Pub. L. 89193 Sept. 21, 1965 79 Stat. 823 Pub. L. 89718,  70 Nov. 2, 1966 80 Stat. 1123 Pub. L. 90623,  3(1) Oct. 22, 1968 82 Stat. 1314 Pub. L. 9676, title III,  313(b) Sept. 29, 1979 93 Stat. 586 Pub. L. 96215,  3 Mar. 25, 1980 94 Stat. 123 Pub. L. 96343,  8 Sept. 8, 1980 94 Stat. 1128 Pub. L. 96513, title V,  516(23) Dec. 12, 1980 94 Stat. 2939 Pub. L. 9760, title I,  131(b) Oct. 14, 1981 95 Stat. 1005 Pub. L. 97258,  3(j) Sept. 13, 1982 96 Stat. 1065 Pub. L. 99145, title XIII,  1303(b)(12) Nov. 8, 1985 99 Stat. 741 Pub. L. 99661, div. A, title VI,  602(a) Nov. 14, 1986 100 Stat. 3874 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title VI,  602(a) Oct. 23, 1992 106 Stat. 2420 Pub. L. 103160, div. A, title VI,  605(a) Nov. 30, 1993 107 Stat. 1679 Pub. L. 105261, div. A, title VI,  652 Oct. 17, 1998 112 Stat. 2051 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 11281, div. A, title VI,  631(f)(4)(A) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Pub. L. 117263, div. A, title VI,  626(h)(9) Dec. 23, 2022 136 Stat. 2630        Historical and Revision Notes  Revised section Source (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 Aug. 30, 1961 Pub. L. 87188,  1 75 Stat. 416 1006(c) 37:310c1. Oct. 5, 1949, ch. 600,  2 63 Stat. 704 Aug. 30, 1961 Pub. L. 87188,  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 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 2022Subsec. (g). Pub. L. 117263 2013Subsec. (g). Pub. L. 112239,  1076(a)(9) Pub. L. 11281,  631(f)(4)(A) 2011Subsec. (g). Pub. L. 11281,  631(f)(4)(A) Pub. L. 112239,  1076(a)(9) 2002Subsec. (f). Pub. L. 107296 1998Subsec. (e). Pub. L. 105261 1993Subsec. (c). Pub. L. 103160 1992Subsec. (c). Pub. L. 102484 1991Subsec. (c). Pub. L. 10225 Subsec. (d). Pub. L. 10225 Subsec. (e). Pub. L. 10225 1986Subsec. (j). Pub. L. 99661 1985Subsec. (h). Pub. L. 99145 1982Subsec. (h). Pub. L. 97258 31 U.S.C. 529 1981Subsec. (i). Pub. L. 9760 1980Subsec. (a). Pub. L. 96343 Pub. L. 96215,  3(1) Subsec. (b). Pub. L. 96215,  3(1) Subsec. (c). Pub. L. 96215,  3(1) Subsec. (d). Pub. L. 96215,  3(3) Subsec. (e). Pub. L. 96215,  3(4) Subsec. (h). Pub. L. 96513 31 U.S.C. 529 Pub. L. 96215,  3(5) 1979Subsecs. (a) to (d) and (h). Pub. L. 9676 1968Subsec. (a). Pub. L. 90623,  3(9) Subsec. (f). Pub. L. 90623,  3(1) 1966Subsec. (h). Pub. L. 89718 1965Subsec. (c). Pub. L. 8926,  1(6)(A) Subsec. (g). Pub. L. 89193 Pub. L. 8926,  1(6)(B) Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 112239, div. A, title X,  1076(a) Jan. 2, 2013 126 Stat. 1947 Dec. 31, 2011 Pub. L. 11281 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1992 Amendment Pub. L. 102484, div. A, title VI,  602(b) Oct. 23, 1992 106 Stat. 2420 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. 99661, div. A, title VI,  602(b) Nov. 14, 1986 100 Stat. 3874 Pub. L. 10026,  3(2) Apr. 21, 1987 101 Stat. 273 Subsection (j) of section 1006 of title 37 Nov. 14, 1986 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Effective Date of 1979 Amendment Amendment by Pub. L. 9676 Oct. 1, 1979 section 314 of Pub. L. 9676 section 206 of Title 42 Effective Date of 1968 Amendment Amendment by Pub. L. 90623 Oct. 22, 1968 section 6 of Pub. L. 90623 section 5334 of Title 5 Effective Date of 1965 Amendment Pub. L. 8926,  2 May 22, 1965 79 Stat. 117 Pub. L. 89608,  1 Sept. 30, 1966 80 Stat. 851 Pub. L. 92176 Dec. 2, 1971 85 Stat. 494 This Act [enacting section 475a of this title 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 section 542 of Title 6 Fiscal Year of Recordation of Obligations Pub. L. 94212, title VII,  744 Feb. 9, 1976 90 Stat. 175 Obligations hereafter incurred for advance payments of pay and allowances pursuant to section 1006 of title 37  1007. Deductions from pay (a) The pay of an officer of an armed force may be withheld, under section 5512 of title 5 section 3527 of title 31 (b) An amount due to the United States from an enlisted member of the Army, the Air Force, or the Space Force for articles sold to the member on credit under section 4621(a)(1) or 9621(a)(1) of title 10, as the case may be, shall be deducted from the next pay due the member after the sale is reported. (c) (1) Under regulations prescribed by the Secretary concerned, an amount that a member of the uniformed services is administratively determined to owe the United States or any of its instrumentalities may be deducted from the members pay in monthly installments. (2) After the deduction of pay forfeited by the sentence of a court-martial, if any, or otherwise authorized by law to be withheld, the deductions authorized by this section may not reduce the pay actually received by a member of the uniformed services for any month to less than one-third of the members pay for that month. (3) (A) If the indebtedness of a member of the uniformed services to the United States is due to the overpayment of pay or allowances to the member through no fault of the member, the amount of the overpayment shall be recovered in monthly installments. The amount deducted from the pay of the member for a month to recover the overpayment amount may not exceed 15 percent of the members pay for that month unless the member requests or consents to collection of the overpayment at an accelerated rate. (B) In all cases described in subparagraph (A), the Secretary concerned shall provide a reasonable opportunity for the member to request a delay in the imposition of the repayment requirement to recover the indebtedness. Before beginning collection efforts, the Secretary concerned shall consider the reasons provided by the member for the requested delay, including the financial ability of the member to repay the indebtedness, and the hardship that immediate collection would impose on the member and the members dependents. (C) (i) In accordance with clause (ii), if the indebtedness of a member of the uniformed services to the United States occurs, through no fault of the member, as a result of the overpayment of pay or allowances to the member or upon the settlement of the members accounts, the Secretary concerned may not recover the indebtedness from the member, including a retired or former member, using deductions from the pay of the member, deductions from retired or separation pay, or any other collection method unless recovery of the indebtedness commences before the end of the 10-year period beginning on the date on which the indebtedness was incurred. (ii) Clause (i) applies with respect to indebtedness incurred on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017. (D) (i) Not later than January 1 of each of 2017 through 2027, the Director of the Defense Finance and Accounting Service shall review all cases occurring during the 10-year period prior to the date of the review of indebtedness of a member of the uniformed services, including a retired or former member, to the United States in which (I) the recovery of the indebtedness commenced after the end of the 10-year period beginning on the date on which the indebtedness was incurred; or (II) the Director did not otherwise notify the member of such indebtedness during such 10-year period. (ii) The Director shall submit to the congressional defense committees and the Committees on Veterans Affairs of the House of Representatives and the Senate each review conducted under clause (i), including the amounts owed to the United States by the members included in such review. (4) (A) If a member of the uniformed services, through no fault of the member, incurs a wound, injury, or illness while in the line of duty in a combat operation or combat zone designated by the President or the Secretary of Defense, any overpayment of pay or allowances made to the member while the member recovers from the wound, injury, or illness may not be deducted from the members pay until (i) the member is notified of the overpayment; and (ii) the later of the following occurs: (I) The end of the 180-day period beginning on the date of the completion of the tour of duty of the member in the combat operation or combat zone. (II) The end of the 90-day period beginning on the date of the reassignment of the member from a military treatment facility or other medical unit outside of the theater of operations. (B) Subparagraph (A) shall not apply if the member, after receiving notification of the overpayment, requests or consents to initiation at an earlier date of the collection of the overpayment of the pay or allowances. (d) Subject to subsection (c), an amount due the United States from an enlisted member of the Army, the Air Force, or the Space Force may be deducted from the members pay on final statement, or from the members savings on his clothing allowance. (e) The amount of any damage, or cost of repairs, to arms or equipment caused by the abuse or negligence of a member of the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, who had the care of, or was using, the property when it was damaged, shall be deducted from his pay. (f) If, upon final settlement of the accounts of an officer of the Army, the Air Force, or the Space Force charged with the issue of an article of military supply, there is a deficiency of that article, or if an article of military supply with whose issue an officer is charged is damaged, the value of the lost article or the amount of the damage shall be charged against the officer and deducted from the officers monthly pay, unless the officer shows to the satisfaction of the Secretary of the Army or the Secretary of the Air Force, as the case may be, by one or more affidavits setting forth the circumstances, that the officer was not at fault. (g) An amount due the United States from an officer of the Army, the Air Force, or the Space Force for rations bought on credit, and for articles bought on credit under section 4621(a)(1) or 9621(a)(1) of title 10, shall be deducted from the next pay due that officer after the sale is reported. (h) (1) Upon request by a service relief society and subject to paragraph (2), an amount owed by a member of the uniformed services to the relief society may be deducted from the pay on final statement of such member and paid to that relief society. (2) An amount may not be deducted under paragraph (1) from the pay of a member unless the Secretary concerned makes a determination of the amount owed in accordance with the regulations prescribed under subsection (c). Any amount determined to be owed to a service relief society under this paragraph shall be considered an amount that the member is administratively determined to owe the United States under subsection (c) and shall be collectible in accordance with such subsection. (3) The Secretaries concerned shall prescribe regulations to carry out this subsection. (4) In this subsection, the term service relief society means the Army Emergency Relief, the Air Force Aid Society, the Navy Relief Society, or the Coast Guard Mutual Assistance. (i) (1) There shall be deducted each month from the pay of each enlisted member, warrant officer, and limited duty officer of the armed forces on active duty an amount (determined under paragraph (3)) not to exceed $1.00. (2) Amounts deducted under paragraph (1) shall be deposited in the Armed Forces Retirement Home Trust Fund. (3) The Secretary of Defense or, in the case of the Coast Guard, the Commandant, after consultation with the Chief Operating Officer of the Armed Forces Retirement Home, shall determine from time to time the amount to be deducted under paragraph (1) from the pay of enlisted members, warrant officers, and limited duty officers on the basis of the financial needs of the Armed Forces Retirement Home. The amount to be deducted may be fixed at different amounts on the basis of grade or length of service, or both. (4) This subsection does not apply to an enlisted member, warrant officer, or limited duty officer of a reserve component. ( Pub. L. 87649 Sept. 7, 1962 76 Stat. 491 Pub. L. 89718 Nov. 2, 1966 80 Stat. 1124 Pub. L. 9083,  5(3) Sept. 11, 1967 81 Stat. 221 Pub. L. 98525, title XIII,  1305 Oct. 19, 1984 98 Stat. 2613 Pub. L. 99145, title VI,  684 Nov. 8, 1985 99 Stat. 666 Pub. L. 100180, div. A, title VI,  633(a) Dec. 4, 1987 101 Stat. 1105 Pub. L. 101189, div. A, title III,  343(a) Nov. 29, 1989 103 Stat. 1420 Pub. L. 101510, div. A, title XV,  1533(b) Nov. 5, 1990 104 Stat. 1735 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 102484, div. A, title X,  1054(a)(7) Oct. 23, 1992 106 Stat. 2502 Pub. L. 103337, div. A, title III,  371(a) Oct. 5, 1994 108 Stat. 2735 Pub. L. 104106, div. A, title IX,  913(c)(2) Feb. 10, 1996 110 Stat. 411 Pub. L. 104201, div. A, title X,  1009(c)(1) Sept. 23, 1996 110 Stat. 2635 Pub. L. 10665, div. A, title X,  1066(d)(5) Oct. 5, 1999 113 Stat. 773 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title X,  1006(b) Dec. 2, 2002 116 Stat. 2633 Pub. L. 109364, div. A, title VI,  674 Oct. 17, 2006 120 Stat. 2272 Pub. L. 11184, div. A, title VI,  661(a) Oct. 28, 2009 123 Stat. 2370 Pub. L. 111281, title II,  205(b)(2) Oct. 15, 2010 124 Stat. 2911 Pub. L. 114328, div. A, title VI,  671(a) Dec. 23, 2016 130 Stat. 2173 Pub. L. 116283, div. A, title IX,  925(k)(2) Jan. 1, 2021 134 Stat. 3829        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  1007(a) 10:2772. [None.]  14:461(b). [None.] 1007(b) 10:4837(a). [None.]  10:9837(a). [None.] 1007(c) 10:4837(b). [None.]  10:9837(b). [None.] 1007(d) 10:4837(c). [None.]  10:9837(c). [None.] 1007(e) 10:4837(e). [None.]  10:9837(e). [None.] 1007(f) 10:4837(f). [None.]  10:9837(f). [None.] 1007(g) 10:4837(g). [None.]  10:9837(g). [None.] Editorial Notes  References in Text The date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (c)(3)(C)(ii), is the date of enactment of Pub. L. 114328 Dec. 23, 2016 Prior Provisions Provisions similar to those in subsec. (i) of this section were contained in section 44c of Title 24 Pub. L. 101189,  347(4) Amendments 2021Subsec. (b). Pub. L. 116283,  925(k)(2)(B)(i) Pub. L. 116283,  925(k)(2)(A)(i) Subsec. (d). Pub. L. 116283,  925(k)(2)(A)(i) Subsec. (e). Pub. L. 116283,  925(k)(2)(A)(ii) Subsec. (f). Pub. L. 116283,  925(k)(2)(A)(i) Subsec. (g). Pub. L. 116283,  925(k)(2)(A)(i) Subsec. (i)(3). Pub. L. 116283,  1412(c) 2016Subsec. (c)(3)(C), (D). Pub. L. 114328 2010Subsec. (i)(3). Pub. L. 111281,  205(b)(2)(A) Subsec. (i)(4), (5). Pub. L. 111281,  205(b)(2)(B) 2009Subsec. (c)(3). Pub. L. 11184,  661(a) Subsec. (c)(4). Pub. L. 11184,  661(c) section 310(a)(2)(C) of this title (A) the end of the 90-day period beginning on the date on which the member is notified of the overpayment; or (B) such earlier date as may be requested or agreed to by the member. 2006Subsec. (c). Pub. L. 109364 2002Subsec. (a). Pub. L. 107296 Subsec. (e). Pub. L. 107314 1999Subsec. (b). Pub. L. 10665 1996Subsec. (a). Pub. L. 104201 Pub. L. 104106 section 3527 of title 31 1994Subsec. (i)(1). Pub. L. 103337 1992Subsec. (i)(3). Pub. L. 102484 1991Subsec. (d). Pub. L. 10225 1990Subsec. (i)(1). Pub. L. 101510,  1533(b)(1) Subsec. (i)(2). Pub. L. 101510,  1533(b)(2) (A) deposited in the Soldiers Home, permanent fund, in the case of deductions from the pay of enlisted members and warrant officers in the Army and Air Force; and (B) credited to the funds available for the operation of the Naval Home, in the case of deductions from the pay of enlisted members and warrant officers in the Navy, Marine Corps, or Coast Guard (when it is operating as a service in the Navy). Subsec. (i)(2)(B). Pub. L. 101510,  1533(b)(1) Subsec. (i)(3). Pub. L. 101510,  1533(b)(3) Pub. L. 101510,  1533(b)(1) Subsec. (i)(5). Pub. L. 101510,  1533(b)(4) 1989Subsec. (i). Pub. L. 101189 1987Subsec. (h). Pub. L. 100180 1985Subsec. (c). Pub. L. 99145 1984Subsec. (c). Pub. L. 98525 1967Subsec. (b). Pub. L. 9083 1966Subsec. (a). Pub. L. 89718,  71 section 5512 of title 5 section 82 of title 5 Subsec. (c). Pub. L. 89718,  72 Statutory Notes and Related Subsidiaries Effective Date of 2009 Amendment Pub. L. 11184, div. A, title VI,  661(d) Oct. 28, 2009 123 Stat. 2370 The amendments made by this section [amending this section] shall apply only with respect to an overpayment of pay or allowances made to a member of the uniformed services after the date of the enactment of this Act [ Oct. 28, 2009 Effective Date of 2002 Amendments Amendment by Pub. L. 107314 section 2787 of Title 10 section 1006(d) of Pub. L. 107314 section 2787 of Title 10 Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1994 Amendment Pub. L. 103337, div. A, title III,  371(d)(1) Oct. 5, 1994 108 Stat. 2735 (1) The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1995 Effective Date of 1990 Amendment Amendment by Pub. L. 101510 Nov. 5, 1990 section 1541 of Pub. L. 101510 section 401 of Title 24 Effective Date of 1989 Amendment Pub. L. 101189, div. A, title III,  343(b) Nov. 29, 1989 103 Stat. 1421  (1) Except as provided in paragraph (2), subsection (i) of section 1007 of title 37 Nov. 29, 1989 (2) With respect to deductions from the pay of an enlisted member or warrant officer in the Navy, Marine Corps, or Coast Guard (when it is operating as a service in the Navy), such subsection shall take effect on October 1, 1990 Effective Date of 1987 Amendment Pub. L. 100180, div. A, title VI,  633(b) Dec. 4, 1987 101 Stat. 1106 Subsection (h) of section 1007 of title 37 Dec. 4, 1987  Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002 section 542 of Title 6  1008. Presidential recommendations concerning adjustments and changes in pay and allowances (a) The President shall direct an annual review of the adequacy of the pays and allowances authorized by this title for members of the uniformed services. (b) Whenever the President considers it appropriate, but in no event later than January 1, 1967 (Added Pub. L. 89132,  2(a) Aug. 21, 1965 79 Stat. 546 Pub. L. 104106, div. A, title VI,  642(b) Feb. 10, 1996 110 Stat. 368  Editorial Notes Amendments 1996Subsec. (a). Pub. L. 104106 Statutory Notes and Related Subsidiaries Effective Date Section effective Sept. 1, 1965 section 10 of Pub. L. 89132 section 203 of this title Executive Documents  Delegation of Reporting Function Memorandum of the President of the United States, June 9, 1989 Memorandum for the Secretary of Defense By virtue of the authority vested in me by the Constitution and laws of the United States, including Section 301 of Title 3 P.L. 89132 August 21, 1965 37 U.S.C. 1008(b) You are authorized and directed to publish this memorandum in the Federal Register.  George Bush.  1009. Adjustments of monthly basic pay (a)  Requirement for Annual Adjustment Effective on January 1 of each year, the rates of basic pay for members of the uniformed services under section 203(a) of this title (b)  Effectiveness of Adjustment An adjustment under this section shall have the force and effect of law. (c)  Equal Percentage Increase for All Members (1) An adjustment made under this section in a year shall provide all eligible members with an increase in the monthly basic pay that is the percentage (rounded to the nearest one-tenth of one percent) by which the ECI for the base quarter of the year before the preceding year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all). (2) Notwithstanding paragraph (1), but subject to subsection (d), the percentage of the adjustment taking effect under this section during each of fiscal years 2004, 2005, and 2006, shall be one-half of one percentage point higher than the percentage that would otherwise be applicable under such paragraph. (3) In this subsection: (A) The term ECI means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics. (B) The term base quarter for any year is the three-month period ending on September 30 of such year. (d)  Protection of Members Total Compensation While Performing Certain Duty (1) The total daily equivalent amount of the elements of compensation described in paragraph (3), together with other pay and allowances under this title, to be paid to a member of the uniformed services who is temporarily assigned to duty away from the members permanent duty station or to duty under field conditions at the members permanent duty station shall not be less, for any day during the assignment period, than the total amount, for the day immediately preceding the date of the assignment, of the elements of compensation and other pay and allowances of the member. (2) Paragraph (1) shall not apply with respect to an element of compensation or other pay or allowance of a member during an assignment described in such paragraph to the extent that the element of compensation or other pay or allowance is reduced or terminated due to circumstances unrelated to the assignment. (3) The elements of compensation referred to in this subsection mean (A) the monthly basic pay authorized members of the uniformed services by section 203(a) of this title (B) the basic allowance for subsistence authorized members of the uniformed services by section 402 of this title (C) the basic allowance for housing authorized members of the uniformed services by section 403 of this title (e)  Presidential Determination of Need for Alternative Pay Adjustment (1) If, because of national emergency or serious economic conditions affecting the general welfare, the President considers the pay adjustment which would otherwise be required by this section in any year to be inappropriate, the President shall prepare and transmit to Congress before September 1 of the preceding year a plan for such alternative pay adjustments as the President considers appropriate, together with the reasons therefor. (2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including the Indexes of Leading Economic Indicators, the Gross Domestic Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures. (3) The President shall include in the plan submitted to Congress under paragraph (1) an assessment of the impact that the alternative pay adjustments proposed in the plan would have on the Governments ability to recruit and retain well-qualified persons for the uniformed services. (Added Pub. L. 93419,  4 Sept. 19, 1974 88 Stat. 1152 Pub. L. 94361, title III,  303 July 14, 1976 90 Stat. 925 Pub. L. 96342, title VIII,  803 Sept. 8, 1980 94 Stat. 1091 Pub. L. 96513, title V,  516(24) Dec. 12, 1980 94 Stat. 2939 Pub. L. 10225, title VII,  702(b)(1) Apr. 6, 1991 105 Stat. 117 Pub. L. 104106, div. A, title VI,  642(c) Feb. 10, 1996 110 Stat. 368 Pub. L. 10585, div. A, title VI Nov. 18, 1997 111 Stat. 1783 Pub. L. 10665, div. A, title VI,  602(a) Oct. 5, 1999 113 Stat. 649 Pub. L. 108136, div. A, title VI,  602 Nov. 24, 2003 117 Stat. 1498  Editorial Notes Amendments 2003Subsec. (a). Pub. L. 108136,  602(a) section 5332 of title 5 section 203(a) of this title Subsec. (b). Pub. L. 108136,  602(b) (1) have the force and effect of law; and (2) carry the same effective date as that applying to the compensation adjustments provided General Schedule employees. Subsec. (c). Pub. L. 108136,  602(c)(1) Subsec. (d). Pub. L. 108136,  602(c)(1) Subsec. (e). Pub. L. 108136,  602(c)(1) Subsec. (f). Pub. L. 108136,  602(c)(2) Subsec. (g). Pub. L. 108136,  602(c)(1) section 1008(b) of this title 1999Subsec. (c). Pub. L. 10665 1997 Pub. L. 10585,  604(a)(1) Subsecs. (f), (g). Pub. L. 10585,  605 1996Subsec. (f). Pub. L. 104106 1991Subsecs. (b)(3), (c) to (e). Pub. L. 10225 1980Subsec. (a). Pub. L. 96513,  516(24)(A) Subsec. (b)(2). Pub. L. 96513,  516(24)(B) section 8 of the Act of Dec. 16, 1967 Pub. L. 90207 Subsec. (b)(3). Pub. L. 96513,  803(1) Subsec. (c). Pub. L. 96342,  803(2) Subsec. (d). Pub. L. 96342,  803(3) Subsec. (e). Pub. L. 96342,  803(5) Subsec. (f). Pub. L. 96342,  803(6) 1976Subsec. (b)(3). Pub. L. 94361,  303(a) Subsecs. (c) to (f). Pub. L. 94361,  303(b) Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment Pub. L. 10665, div. A, title VI,  602(b) Oct. 5, 1999 113 Stat. 649 The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2000 Effective Date of 1997 Amendment Pub. L. 10585, div. A, title VI,  604(b) Nov. 18, 1997 111 Stat. 1784 The amendments made by subsection (a) [amending this section] shall take effect on January 1, 1998 Effective Date of 1980 Amendment Amendment by Pub. L. 96513 Dec. 12, 1980 section 701(b)(3) of Pub. L. 96513 section 101 of Title 10 Effective Date Pub. L. 93419,  9 Sept. 19, 1974 88 Stat. 1153 This Act [enacting this section, amending sections 101, 203, 402, and 403 of this title, and enacting provisions set out as notes under this section] is effective upon enactment [ Sept. 19, 1974 Increase in Basic Pay Pub. L. 116283, div. A, title VI,  601 Jan. 1, 2021 134 Stat. 3670 Effective on January 1, 2021 Provisions relating to adjustment of compensation for members of the uniformed services for prior years were contained in the following acts: Pub. L. 11692, div. A, title VI,  609 Dec. 20, 2019 133 Stat. 1425 Pub. L. 11591, div. A, title VI,  601 Dec. 12, 2017 131 Stat. 1417 Pub. L. 114328, div. A, title VI,  601 Dec. 23, 2016 130 Stat. 2155 Pub. L. 112239, div. A, title VI,  601 Jan. 2, 2013 126 Stat. 1773 Pub. L. 11184, div. A, title VI,  601 Oct. 28, 2009 123 Stat. 2347 Pub. L. 110417 Oct. 14, 2008 122 Stat. 4482 Pub. L. 110181, div. A, title VI,  601 Jan. 28, 2008 122 Stat. 145 Pub. L. 109364, div. A, title VI,  601 Oct. 17, 2006 120 Stat. 2240 Pub. L. 116283, div. A, title IX,  925(b) Jan. 1, 2021 134 Stat. 3826 Pub. L. 109163, div. A, title VI,  601 Jan. 6, 2006 119 Stat. 3286 Pub. L. 108375, div. A, title VI,  601 Oct. 28, 2004 118 Stat. 1943 Pub. L. 108136, div. A, title VI,  601 Nov. 24, 2003 117 Stat. 1495 Pub. L. 109148, div. A, title VIII,  8124(a)(1) Dec. 30, 2005 119 Stat. 2727 Pub. L. 107314, div. A, title VI,  601 Dec. 2, 2002 116 Stat. 2563 Pub. L. 107107, div. A, title VI,  601 Dec. 28, 2001 115 Stat. 1129 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 10665, div. A, title VI,  601(a) Oct. 5, 1999 113 Stat. 645 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 105261, div. A, title VI,  601 Oct. 17, 1998 112 Stat. 2036 Pub. L. 10585, div. A, title VI,  601 Nov. 18, 1997 111 Stat. 1771 Pub. L. 104201, div. A, title VI,  601 Sept. 23, 1996 110 Stat. 2539 Pub. L. 104106, div. A, title VI,  601 Feb. 10, 1996 110 Stat. 356 Pub. L. 103337, div. A, title VI,  601(a) Oct. 5, 1994 108 Stat. 2779 Pub. L. 103160, div. A, title VI,  601 Nov. 30, 1993 107 Stat. 1677 Pub. L. 102484, div. A, title VI,  601 Oct. 23, 1992 106 Stat. 2420 Pub. L. 102484, div. D, title XLIV,  4402 Oct. 23, 1992 106 Stat. 2701 Pub. L. 103160, div. A, title VI,  602(a) Nov. 30, 1993 107 Stat. 1678 Pub. L. 102190, div. A, title VI,  601 Dec. 5, 1991 105 Stat. 1372 Pub. L. 102190, div. A, title XI,  1111(c) Dec. 5, 1991 105 Stat. 1491 Pub. L. 101510, div. A, title VI,  601 Nov. 5, 1990 104 Stat. 1575 Pub. L. 101189, div. A, title VI,  601(a) Nov. 29, 1989 103 Stat. 1444 Pub. L. 100456, div. A, title VI,  601(a) Sept. 29, 1988 102 Stat. 1976 Pub. L. 100180, div. A, title VI,  601(a) Dec. 4, 1987 101 Stat. 1092 Pub. L. 100202,  110(b) Dec. 22, 1987 101 Stat. 1329436 Pub. L. 99661, div. A, title VI,  601(a) Nov. 14, 1986 100 Stat. 3873 Pub. L. 99500,  144(b) Oct. 18, 1986 100 Stat. 1783350 Pub. L. 99591,  144(b) Oct. 30, 1986 100 Stat. 3341353 Pub. L. 99145, title VI,  601 Nov. 8, 1985 99 Stat. 635 Pub. L. 98525, title VI,  601 Oct. 19, 1984 98 Stat. 2533 Pub. L. 9894, title IX,  901 Sept. 24, 1983 97 Stat. 634 Pub. L. 9760, title I,  101 Oct. 14, 1981 95 Stat. 989 Pub. L. 98557,  35(a) Oct. 30, 1984 98 Stat. 2877 Oct. 1, 1984 Pub. L. 100180, div. A, title XIII,  1314(d)(3) Dec. 4, 1987 101 Stat. 1176 Oct. 1, 1986 Pub. L. 96342, title VIII,  801 Sept. 8, 1980 94 Stat. 1090 Pub. L. 94106, title VIII,  819 Oct. 7, 1975 89 Stat. 544 Pub. L. 93419 Sept. 19, 1974 88 Stat. 1153 Executive Documents  Adjustment of Pay Rates For adjustment of pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5  Executive Order No. 11812 Ex. Ord. No. 11812, Oct. 7, 1974 Oct. 1, 1974 Oct. 6, 1975  Executive Order No. 11998 Ex. Ord. No. 11998, June 27, 1977 Dec. 28, 1978  1010. Commissioned officers: promotions; effective date for pay and allowances  An officer of a uniformed service who is promoted to a grade above second lieutenant or ensign is entitled to the pay and allowances of the grade to which promoted on the effective date of the promotion. (Added Pub. L. 96513, title IV,  403(c) Dec. 12, 1980 94 Stat. 2905 Pub. L. 109364, div. A, title X,  1071(c)(8) Oct. 17, 2006 120 Stat. 2401  Editorial Notes Amendments 2006 Pub. L. 109364 Statutory Notes and Related Subsidiaries Effective Date Section effective Sept. 15, 1981 Dec. 12, 1980 section 701 of Pub. L. 96513 section 101 of Title 10  1011. Mess operation: reimbursement of expenses (a) The Secretary of Defense shall, by regulation, establish rates for meals sold at messes to officers, civilians, and enlisted members. Such rates shall be established at a level sufficient to provide reimbursement of operating expenses and food costs to the appropriations concerned, but members of the uniformed services and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at a rate of not less than $2.50 per day. Notwithstanding the preceding sentence, if the Secretary determines that it is in the best interest of the United States, the Secretary may reduce a rate for meals established under this subsection by the amount of that rate attributable to operating expenses. (b) For the purposes of this section, payment for meals at the rates established under this section may be made in cash or, in the case of enlisted members or civilian employees, by deduction from pay. Members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation or when residing at a military installation pursuant to an agreement in effect on June 30, 1986 (c) Spouses and dependent children of enlisted members in pay grades E1, E2, E3, and E4 may not be charged for meals sold at messes in excess of a level sufficient to cover food costs. (d) When the Coast Guard is not operating as a service in the Navy, the Secretary of Homeland Security shall establish rates for meals sold at Coast Guard dining facilities, provide for reimbursement of operating expenses and food costs to the appropriations concerned, and reduce the rates for such meals when the Secretary determines that it is in the best interest of the United States to do so. (Added Pub. L. 96513, title IV,  413 Dec. 12, 1980 94 Stat. 2906 Pub. L. 99145, title VIII,  810(a) Nov. 8, 1985 99 Stat. 681 Pub. L. 99661, div. A, title VI,  655 Nov. 14, 1986 100 Stat. 3891 Pub. L. 101189, div. A, title III,  321 Nov. 29, 1989 103 Stat. 1413 Pub. L. 104324, title II,  214(a) Oct. 19, 1996 110 Stat. 3915 Pub. L. 107296, title XVII,  1704(c) Nov. 25, 2002 116 Stat. 2314  Editorial Notes Amendments 2002Subsec. (d). Pub. L. 107296 1996Subsec. (d). Pub. L. 104324 1989Subsec. (a). Pub. L. 101189 section 404(d)(2) of this title 1986Subsec. (b). Pub. L. 99661 June 30, 1986 1985Subsec. (c). Pub. L. 99145 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date of 1985 Amendment Amendment by Pub. L. 99145 Oct. 1, 1985 section 813 of Pub. L. 99145 section 113 of Title 10 Effective Date Section effective Sept. 15, 1981 Dec. 12, 1980 section 701 of Pub. L. 96513 section 101 of Title 10  1012. Disbursement and accounting: pay of enlisted members of the National Guard  Amounts appropriated for the pay, under subsections (a), (b), and (d) of section 206, section 301(f), section 402(e), and section 1002 of this title (Added Pub. L. 97258,  2(i)(2)(B) Sept. 13, 1982 96 Stat. 1061 Pub. L. 99145, title XIII,  1303(b)(13)(A) Nov. 8, 1985 99 Stat. 741 Pub. L. 104106, div. A, title VI,  602(c)(2) Feb. 10, 1996 110 Stat. 357 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  1012 31:698a. Aug. 10, 1956, ch. 1041,  31 70A Stat. 632 The words the Secretary concerned are substituted for officers and agents of the Finance Corps of the Army or finance officers of the Air Force, as the case may be and the Secretary of the Army or the Secretary of the Air Force, as the case may be for consistency in the title. The words various and issued are omitted as surplus. Editorial Notes Amendments 2000 Pub. L. 106398 1996 Pub. L. 104106 1985 Pub. L. 99145 section 1002 of this title Statutory Notes and Related Subsidiaries Effective Date of 1985 Amendment Pub. L. 99145, title XIII,  1303(b)(13)(D) Nov. 8, 1985 99 Stat. 741 The amendments made by this paragraph [amending this section] shall take effect as if included in the enactment of section 2(i) of Public Law 97258  1013. Payment of compensation for victims of terrorism  Any benefit or payment pursuant to section 559 of this title (Added Pub. L. 99399, title VIII,  801(e)(1) Aug. 27, 1986 100 Stat. 888 Pub. L. 100456, div. A, title XII,  1233(g)(4) Sept. 29, 1988 102 Stat. 2058 Pub. L. 101510, div. A, title XIV,  1484(h)(6) Nov. 5, 1990 104 Stat. 1718  Editorial Notes Codification Another section 1013 was renumbered section 1014 of this title Amendments 1990 Pub. L. 101510 1988 Pub. L. 100456  1014. Payment date for pay and allowances (a) Amounts of basic pay, basic allowance for housing, basic allowance for subsistence, and other payments of military compensation (other than travel and transportation allowances and separation allowances) shall be paid on the first day of the month beginning after the month during which the right to such compensation accrues. (b) Subsection (a) does not preclude one payment in midmonth for any element of compensation and does not affect any authority to make advance payments of pay and allowances. (c) With respect to a member of the uniformed services who has elected to participate in the Thrift Savings Plan under section 211 of this title (Added Pub. L. 99500,  101(c) [title IX,  9103(1)] Oct. 18, 1986 100 Stat. 178382 Pub. L. 99591,  101(c) [title IX,  9103(1)] Oct. 30, 1986 100 Stat. 334182 Pub. L. 10026,  8(b)(2) Apr. 21, 1987 101 Stat. 285 Pub. L. 10585, div. A, title VI,  603(d)(1)(E) Nov. 18, 1997 111 Stat. 1782 Pub. L. 110181, div. A, title VI,  605(a) Jan. 28, 2008 122 Stat. 146  Editorial Notes Codification Pub. L. 99591 Pub. L. 99500 Amendments 2008Subsec. (c). Pub. L. 110181 1997Subsec. (a). Pub. L. 10585 Statutory Notes and Related Subsidiaries Effective Date of 1997 Amendment Amendment by Pub. L. 10585 Jan. 1, 1998 section 603(e) of Pub. L. 10585 section 5561 of Title 5 Effective Date Pub. L. 99500,  101(c) [title IX,  9103(4)] Oct. 18, 1986 100 Stat. 178382 Pub. L. 99591,  101(c) [title IX,  9103(4)] Oct. 30, 1986 100 Stat. 334182 Pub. L. 10026,  4(a)(2) Apr. 21, 1987 101 Stat. 274  Section 1014 of title 37 Pub. L. 10026 section 1466 of Title 10 September 1, 1987  1015. Recordation of installment payment obligations for incentive pays and similar benefits (a)  In General In the case of any pay, allowance, bonus, or other benefit described in subsection (b) that is paid to a member of the uniformed services on an installment basis, each installment payment shall be charged to appropriations that are available for obligation at the time such payment is payable. (b)  Covered Pay and Benefits Subsection (a) applies to any incentive pay, special pay, or bonus, or similar periodic payment of pay or allowances, or of educational benefits or stipends, that is paid to a member of the uniformed services under this title or title 10. (Added Pub. L. 11492, div. A, title VI,  662(a) Nov. 25, 2015 129 Stat. 859  Editorial Notes Prior Provisions A prior section 1015, added Pub. L. 10665, div. A, title VI,  673(a)(1) Oct. 5, 1999 113 Stat. 674 Pub. L. 109364, div. A, title X,  1046(b)(1) Oct. 17, 2006 120 Stat. 2393