dreamproit/uscode huggingface dataset:
37 U.S.C. § 805 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
[§ 805. Repealed. Pub. L. 99–145, title VI, § 683(b)(1), Nov. 8, 1985, 99 Stat. 665]
text: Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486, required commanding officer to discourage the sale of pay by members of naval service. See section 701 of this title.
37 U.S.C. § 901 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 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 O–7) appropriate to the command so exercised.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
901
37:235a.
Apr. 26, 1898, ch. 191, § 7 (less last proviso), 30 Stat. 365.
Applicability of the source law to the Air Force is based on Transfer Order No. 25(zzz), of the Secretary of Defense, dated October 14, 1948. Its applicability, other than to the Army and the Air Force, is based upon an opinion of the Judge Advocate General of the Navy, JAG 135: DDC; dmt.; 4229, dated July 29, 1960. The words “(but not above that of pay grade O–7)” are substituted for section 235a (proviso) of existing title 37.
37 U.S.C. § 902 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 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. 87–649, Sept. 7, 1962, 76 Stat. 486; Pub. L. 104–316, title I, § 118, Oct. 19, 1996, 110 Stat. 3836.)
text: 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, for clarity and to conform to subsection (b).
In subsection (c), the word “continues” is substituted for the words “go on”. The words “whichever is earlier” are inserted for clarity. The words “or the findings of a” are inserted since a court of inquiry cannot impose a sentence.
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–316 substituted “the Secretary of the Navy may” for “the General Accounting Office, under the direction of the Secretary of the Navy, may”.
37 U.S.C. § 903 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 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. 87–649, Sept. 7, 1962, 76 Stat. 487.)
text: 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). The subject of death benefits and entitlement thereto is now covered by chapter 75 of title 10.
37 U.S.C. § 904 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
[§ 904. Repealed. Pub. L. 96–513, title IV, § 403(a), Dec. 12, 1980, 94 Stat. 2904]
text: Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 487; Pub. L. 90–130, § 3(2), Nov. 8, 1967, 81 Stat. 383; Pub. L. 90–623, § 3(8), Oct. 22, 1968, 82 Stat. 1315, set forth provisions relating to effective date of beginning of pay and allowances of officers of Navy or Marine Corps promoted under chapter 545 of Title 10, Armed Forces.
heading: Effective Date of Repeal
text: Repeal effective Sept. 15, 1981, but with authority to prescribe regulations under the amendment by section 403(a) of Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of Title 10, Armed Forces.
37 U.S.C. § 906 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 906. Extension of enlistment: effect on pay and allowances
A member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, who extends his enlistment under section 509 of title 10 is entitled to the same pay and allowances as though he had reenlisted. For the purposes of determining entitlement to reenlistment bonus or to travel and transportation allowances upon discharge, all such extensions of an enlistment are considered one continuous extension.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 90–235, § 2(c), Jan. 2, 1968, 81 Stat. 757.)
text: 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 and the last 31 words of section 8263(b) of title 10.
heading: Amendments
text: 1968—Pub. L. 90–235 struck out provisions formerly set out as subsec. (a) which provided that a member of the Army or Air Force who had extended his enlistment was entitled to the same pay as though he had reenlisted, redesignated as entire section provisions formerly set out as subsec. (b) and substituted “Army, Navy, Air Force, Marine Corps, or Coast Guard” for “Regular Navy or the Regular Marine Corps” and “section 509 of title 10” for “section 5539 of title 10”.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
37 U.S.C. § 908 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 908. Employment of reserves and retired members by foreign governments
(a) Congressional Consent.—
Subject to subsection (b), Congress consents to the following persons accepting civil employment (and compensation for that employment) 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.
(3) Members of the Commissioned Reserve Corps of the Public Health Service.
(b) Approval Required.—
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) 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. 97–295, § 3(6)(A), Oct. 12, 1982, 96 Stat. 1304; amended Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–160, div. A, title XIV, § 1433(c), Nov. 30, 1993, 107 Stat. 1834; Pub. L. 103–337, div. A, title X, § 1070(d)(6), Oct. 5, 1994, 108 Stat. 2858.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
908
37:801 (note).
Aug. 17, 1977, Pub. L. 95–105, § 509(a)–(c), 91 Stat. 859.
In subsection (a), the words “for which” are substituted for “with respect to which” for clarity.
The text of section 509(c) of the Act of August 17, 1977, is omitted as unnecessary because of the definitions in 37:101.
heading: Amendments
text: 1994—Subsec. (c). Pub. L. 103–337 substituted “1060” for “1058”.
1993—Pub. L. 103–160 inserted headings in subsecs. (a) and (b) and added subsec. (c).
1991—Subsec. (a). Pub. L. 102–25 struck out “of this section” after “subsection (b)”.
Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.
37 U.S.C. § 909 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 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. 107–107, div. A, title VI, § 623(a)(1), Dec. 28, 2001, 115 Stat. 1142.)
heading: Effective Date
text: Pub. L. 107–107, div. A, title VI, § 623(b), Dec. 28, 2001, 115 Stat. 1143, provided that: “Section 909 of title 37, United States Code, as added by subsection (a)(1), shall apply with respect to pay periods beginning after September 11, 2001.”
37 U.S.C. § 1003 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 1003. Assimilation of pay and allowances
Chapters 3 and 5 and sections 402–403b, 474–477, 479–481, and 414 of this title apply equally to persons who are not serving as members of a uniformed service but whose pay or allowances, or both, are assimilated under law or a regulation prescribed under law, to the pay or allowances, or both, of commissioned officers, warrant officers, or enlisted members of any grade, rank, or rating in any uniformed service.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1003
37:309.
Oct. 12, 1949, ch. 681, § 509; restated May 19, 1952, ch. 310, § 3, 66 Stat. 80.
heading: Amendments
text: 2013—Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below.
2011—Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “402–403b, 474–477” for “402–407” and “479–481” for “409–411”.
heading: Effective Date of 2013 Amendment
text: Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
37 U.S.C. § 1004 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 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 of the monthly amount of his pay and allowances. The thirty-first day of a calendar month may not be excluded from a computation under this section.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490.)
text: 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.
37 U.S.C. § 1005 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 1005. Army and Air Force: prompt payments required
Members of the Army and of the Air Force shall be paid at such times that arrears will at no time be more than two months, unless circumstances make further arrears unavoidable.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490.)
text: 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.
37 U.S.C. § 1008 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 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, and not less than once each four years thereafter, he shall direct a complete review of the principles and concepts of the compensation system for members of the uniformed services. Upon completion of such review he shall submit a detailed report to Congress summarizing the results of such review together with any recommendations he may have proposing changes in the statutory salary system and other elements of the compensation structure provided members of the uniformed services.
(Added Pub. L. 89–132, § 2(a), Aug. 21, 1965, 79 Stat. 546; amended Pub. L. 104–106, div. A, title VI, § 642(b), Feb. 10, 1996, 110 Stat. 368.)
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–106 struck out at end “Upon completion of this review, but not later than March 31 of each year, the President shall submit to Congress a detailed report summarizing the results of such annual review together with any recommendations for adjustments in the rates of pay and allowances authorized by this title.”
heading: Effective Date
text: Section effective Sept. 1, 1965, see section 10 of Pub. L. 89–132, set out as an Effective Date of 1965 Amendment note under section 203 of this title.
heading: Delegation of Reporting Function
text: Memorandum of the President of the United States, June 9, 1989, 54 F.R. 25561, provided:
Memorandum for the Secretary of Defense
By virtue of the authority vested in me by the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, I authorize you to submit to the Congress the report summarizing the results of the review of the principles and concepts of the compensation system for members of the uniformed services, as required by P.L. 89–132, Sec. 2(a), August 21, 1965 (37 U.S.C. 1008(b)).
You are authorized and directed to publish this memorandum in the Federal Register.
George Bush.
37 U.S.C. § 1010 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 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. 96–513, title IV, § 403(c), Dec. 12, 1980, 94 Stat. 2905; amended Pub. L. 109–364, div. A, title X, § 1071(c)(8), Oct. 17, 2006, 120 Stat. 2401.)
heading: Amendments
text: 2006—Pub. L. 109–364 substituted “promotions” for “promotion” in section catchline.
heading: Effective Date
text: Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of Title 10, Armed Forces.
37 U.S.C. § 1012 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 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, of enlisted members of the Army National Guard of the United States or the Air National Guard of the United States for attending regular periods of duty and instruction shall be disbursed and accounted for by the Secretary of Defense. All such disbursements shall be made for 3-month periods for units of the Army National Guard or Air National Guard under regulations prescribed by the Secretary of Defense, and on pay rolls prepared and authenticated as prescribed in those regulations.
(Added Pub. L. 97–258, § 2(i)(2)(B), Sept. 13, 1982, 96 Stat. 1061; amended Pub. L. 99–145, title XIII, § 1303(b)(13)(A), (B), Nov. 8, 1985, 99 Stat. 741; Pub. L. 104–106, div. A, title VI, § 602(c)(2), title IX, § 913(c)(1), Feb. 10, 1996, 110 Stat. 357, 411; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(b)(5)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292.)
text: 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.
heading: Amendments
text: 2000—Pub. L. 106–398 substituted “section 402(e)” for “section 402(b)(3)”.
1996—Pub. L. 104–106 substituted “section 402(b)(3)” for “the last sentence of section 402(b)” and substituted “Secretary of Defense” for “Secretary concerned” in two places.
1985—Pub. L. 99–145 inserted “: pay of enlisted members of the National Guard” in section catchline, and substituted “for the pay, under subsections (a), (b), and (d) of section 206, section 301(f), the last sentence of section 402(b), and section 1002 of this title,” for “under sections 206(a), (b), and (d), 301(f), 309, 402(b) (last sentence), and 1002 of this title for pay”, “All such disbursements” for “Disbursements”, and “as prescribed in those” for “under the”.
heading: Effective Date of 1985 Amendment
text: Pub. L. 99–145, title XIII, § 1303(b)(13)(D), Nov. 8, 1985, 99 Stat. 741, provided that: “The amendments made by this paragraph [amending this section] shall take effect as if included in the enactment of section 2(i) of Public Law 97–258 [enacting this section].”
37 U.S.C. § 1013 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 1013. Payment of compensation for victims of terrorism
Any benefit or payment pursuant to section 559 of this title, or section 1032 or 1095a or chapter 110 of title 10, shall be paid out of funds available to the Secretary concerned for military personnel.
(Added Pub. L. 99–399, title VIII, § 801(e)(1), Aug. 27, 1986, 100 Stat. 888; amended Pub. L. 100–456, div. A, title XII, § 1233(g)(4), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101–510, div. A, title XIV, § 1484(h)(6), Nov. 5, 1990, 104 Stat. 1718.)
heading: Codification
text: Another section 1013 was renumbered section 1014 of this title.
heading: Amendments
text: 1990—Pub. L. 101–510 substituted “1095a” for “1095”.
1988—Pub. L. 100–456 substituted “section 1032” for “section 1051”.
37 U.S.C. § 1014 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
§ 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, subsection (a) does not preclude the payment of an amount equal to one-half of the monthly deposit to the Thrift Savings Fund otherwise to be made by the member in participating in the Plan, which amount may be deposited in the Thrift Savings Fund at midmonth.
(Added Pub. L. 99–500, § 101(c) [title IX, § 9103(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–118, and Pub. L. 99–591, § 101(c) [title IX, § 9103(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–118, § 1013; renumbered § 1014, Pub. L. 100–26, § 8(b)(2), Apr. 21, 1987, 101 Stat. 285; amended Pub. L. 105–85, div. A, title VI, § 603(d)(1)(E), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 110–181, div. A, title VI, § 605(a), Jan. 28, 2008, 122 Stat. 146.)
heading: Codification
text: Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
heading: Amendments
text: 2008—Subsec. (c). Pub. L. 110–181 added subsec. (c).
1997—Subsec. (a). Pub. L. 105–85 substituted “housing” for “quarters”.
heading: Effective Date of 1997 Amendment
text: Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.
heading: Effective Date
text: Section 101(c) [title IX, § 9103(4)] of Pub. L. 99–500 and Pub. L. 99–591, as amended by Pub. L. 100–26, § 4(a)(2), Apr. 21, 1987, 101 Stat. 274, provided that: “Section 1014 of title 37, United States Code, as added by paragraph (1) and redesignated by section 8(b)(2) of the Defense Technical Corrections Act of 1987 [Pub. L. 100–26], and the amendments made by paragraph (3) [amending section 1466 of Title 10, Armed Forces], shall take effect on September 1, 1987.”
37 U.S.C. § 1015 (PAY AND ALLOWANCES OF THE UNIFORMED SERVICES)
[§ 1015. Repealed. Pub. L. 109–364, div. A, title X, § 1046(b)(1), Oct. 17, 2006, 120 Stat. 2393]
text: Section, added Pub. L. 106–65, div. A, title VI, § 673(a)(1), Oct. 5, 1999, 113 Stat. 674, related to annual report on effects of recruitment and retention initiatives.