An act to amend chapter 5 of title 37, United States Code, to revise the special pay provisions for medical officers in the uniformed services and to extend the special pay provisions for other health professionals in the uniformed services, and for other purposes.
PL 96-284 (S.2460), enacted 06/28/1980

PUBLIC LAW 96-284—JUNE 28, 1980 
94 STAT. 587 
Public Law 96-284 
96th Congress 
An Act 
To amend chapter 5 of title 37, United States Code, to revise the special pay 
provisions for medical officers in the uniformed services and to extend the special 
pay provisions for other health professionals in the uniformed services, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Uniformed Services 
Health Professionals Special Pay Act of 1980". 
REVISION OP SPECIAL PAY FOR MEDICAL OFFICERS OF THE ARMED 
FORCES 
SEC. 2. (a) Section 302 of title 37, United States Code, relating to 
special pay for medical officers of the uniformed services, is amended 
to read as follows: 
"§302. Special pay: medical officers of the armed forces 
"(aXD 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) of this subsection who is 
serving in a pay grade below pay grade 0-7 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) $10,000 per year, if the officer has at least six but less than 
eight years of 
creditable service. 
"(D) $9,500 per year, if the officer has at least eight but less 
than ten years of 
creditable service. 
"(E) $9,000 per year, if the officer has at least ten but less than 
twelve years of creditable service. 
"(F) $8,000 per year, if the officer has at least twelve but less 
than fourteen years of creditable service. 
"(G) $7,000 per year, if the officer has at least fourteen but less 
than eighteen years of creditable service. 
"(H) $6,000 per year, if the officer has at least eighteen but less 
than twenty-two years of 
creditable service. 
"(I) $5,000 per year, if the officer has twenty-two or more years 
of 
creditable service. 
June 28, 1980 
[S. 2460] 
Uniformed 
Services Health 
Professionals 
Special Pay Act 
of 1980. 
37 use 101 
note. 
94 STAT. 588 
PUBLIC LAW 96-284—JUNE 28, 1980 
"(3) An officer described in paragraph (1) of this subsection who is 
serving in a pay grade above pay grade 0-6 is entitled to variable 
special pay at the rate of $1,000 per year. 
"(4)(A) Subject to subsection (c) of this section, an officer entitled to 
variable special pay under paragraph (2) or (3) of this subsection who 
has less than ten years of creditable service is entitled to additional 
special pay of $9,000 for any twelve-month period during which the 
officer is not undergoing medical internship or initial residency 
training. 
"(B) Subject to subsection (c) of this section, an officer entitled to 
variable special pay under paragraph (2) or (3) of this subsection who 
has ten or more years of creditable service is entitled to additional 
special pay of $10,000 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) of this subsection and who is board certified is 
entitled to additional special pay at the following rates: 
"(A) $2,000 per year, if the officer has less than ten years of 
creditable service. 
"(B) $2,500 per year, if the officer has at least ten but less than 
twelve years of creditable service. 
"(C) $3,000 per year, if the officer has at least twelve but less 
than fourteen years of creditable service. 
"(D) $4,000 per year, if the officer has at least fourteen but less 
than eighteen years of creditable service. 
"(E) $5,000 per year, if the officer has eighteen or more years of 
creditable service. 
"(b)(1) Subject to subsection (c) of this section and paragraph (2) of 
this subsection and under regulations prescribed under section 
Post, p. 592. 
303a(a) of this title, an officer who is entitled to variable special pay 
under subsection (a)(2) of this section may be paid incentive special 
pay in an amount not to exceed $8,000 for any twelve-month period 
during which the officer is not undergoing medical internship or 
initial residency training. 
"(2) An officer is not eligible for incentive special pay under 
paragraph (1) of this subsection unless the Secretary concerned has 
determined that such officer is qualified in the medical profession. 
"(3) The amount that may be paid for incentive special pay under 
this subsection in any fiscal year may not exceed an amount equal to 
6 percent of the total amount paid in such year for special pay under 
subsection (a) of this section and paragraph (1) of this subsection. 
"(c)(1) An officer may not be paid additional special pay under 
subsection (a)(4) of this section or incentive special pay under subsec-
tion (b) of this section 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. 
Entitlement 
"(2) Under regulations prescribed by the Secretary of Defense 
termination. 
^^^^^ section 303a(a) of this title, the Secretary of the military 
department concerned may terminate at any time an officer's entitle-
ment to the special pay authorized by subsection (a)(4) or (b)(1) of this 
section. If such entitlement is terminated, the officer concerned is 
entitled to be paid such special pay only for the part of the period of 
active duty that he served, and he may be required to refund any 
amount in excess of that entitlement. 
PUBLIC LAW 96-284—JUNE 28, 1980 
94 STAT. 589 
"(d) Regulations prescribed by the Secretary of Defense under 
section 303a(a) of this title shall include standards for determining— 
"(1) whether an officer is undergoing medical internship or 
initial residency training for purposes of subsections (a)(2)(A), 
(a)(2)(B), (a)(4), and (bXD of 
this section; and 
"(2) whether an officer is board certified for purposes of 
subsection (a)(5) of 
this section. 
"(e) Special pay payable to an officer under paragraphs (2), (3), and 
(5) of subsection (a) of this section shall be paid monthly. Special pay 
payable to an officer under subsection (a)(4) or (b)(1) of this section 
shall be paid annually at the beginning of the twelve-month period 
for which the officer is entitled to such pa5mient. 
"(f) An officer who voluntarily terminates service on active duty 
before the end of the period for which a payment was made to such 
officer under subsection (a)(4) or (b)(1) of this section shall refund to 
the United States an amount which bears the same ratio to the 
amount paid to such officer as the unserved part of such period bears 
to the total period for which the pa5nnent was made. 
"(g) 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.". 
(b) The item relating to such section in the table of sections at the 
beginning of chapter 5 of such title is amended to read as follows: 
"302. Special pay: medical officers of the armed forces.". 
Determination 
standards. 
Creditable 
services, 
computation. 
REVISION OF SPECIAL PAY FOR MEDICAL OFFICERS OP THE PUBLIC 
HEALTH SERVICE 
SEC. 3. (a)(1) Chapter 5 of such title is amended by inserting after 
section 302b the following new section: 
"§302c. Special pay: medical officers of the Public Health Service 
3
7 use 302c. 
"(a) A medical officer of the Public Health Service who is on active 
duty for a period of at least one year is entitled to special pay at the 
following rates: 
"(1) $100 a month for each month of active duty if the officer 
has not completed two years of active duty as an officer of 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. 
"(2) $350 a month for each month of active duty if the officer 
has completed at least two years of active duty as an officer of 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. 
"(b)(1) Subject to subsection (c) of this section and paragraph (2) of 
this subsection and under regulations prescribed under section 
303a(a) of this title, an officer who is entitled to special pay under Post, p. 592. 
subsection (a) of this section and who is serving in a pay grade below 
pay grade 0-7 may be paid incentive special pay in an amount not to 
94 STAT. 590 
PUBLIC LAW 96-284—JUNE 28, 1980 
exceed $8,000 for any twelve-month period during which the officer is 
not undergoing medical internship or initial residency training. 
"(2) An officer is not eligible for incentive special pay under 
paragraph (1) of this subsection unless the Secretary of Health and 
Human Services has determined that such officer is qualified in the 
medical profession. 
"(3) The amount that may be paid for incentive special pay under 
this subsection in any fiscal year may not exceed 6 percent of the total 
3
7 use 311. 
amount paid in such year for special pay under section 311 of this title 
for medical officers of the Public Health Service, for special pay 
3
7 use 313. 
under section 313 of this title, and for special pay under this section. 
"(c)(1) An officer may not be paid incentive special pay under 
subsection (b) of this section 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. 
Entitlement 
"(2) Under regulations prescribed under section 303a(a) of this title, 
termination. 
the Secretary of Health and Human Services may terminate at any 
Post, p. 592. 
time an officer's entitlement to the special pay authorized by subsec-
tion (b) of this section. If such entitlement is terminated, the officer 
concerned is entitled to be paid such special pay only for the part of 
the period of active duty that he served, and he may be required to 
refund any amount in excess of that entitlement. 
"(d) Regulations prescribed by the Secretary of Health and Human 
Services under section 303a(a) of this title shall include standards for 
determining whether an officer is undergoing medical internship or 
initial residency training for purposes of subsection (b) of this section. 
"(e) Special pay payable to an officer under subsection O
D
) of this 
section shall be paid annually at the beginning of the twelve-month 
period for which the officer is entitled to such payment. 
"(f) An officer who voluntarily terminates service on active duty 
before the end of the period for which a payment was made to such 
officer under subsection Qo) of this section shall refund to the United 
States an amount which bears the same ratio to the amount paid to 
such officer as the unserved part of such period bears to the total 
period for which the payment was made.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 302b the 
following new item: 
"302c. Special pay: medical officers of the Public Health Service.". 
3
7 use 313. 
(b)(1) Subsection (a) of section 313 of such title, relating to special 
pay for medical officers who execute active duty agreements, is 
amended— 
(A) by striking out "Secretary of Defense" and all that follows 
in such subsection through "Public Health Service," and insert-
ing in lieu thereof "Secretary of Health and Human Services 
(hereinafter in this section referred to as the 'Secretary') and 
approved by the President, a medical officer of the Public Health 
Service"; and 
(B) by striking out "Secretary concerned" each place it appears 
in such subsection and inserting in lieu thereof "Secretary". 
(2) Subsection O
t
>
) of such section is amended by striking out 
"Secretary of Defense, the Secretary concerned" and inserting in lieu 
thereof "Secretary, the Secretary". 
(3) Subsection (c) of such section is amended by striking out "by the 
Secretary of Defense or by the Secretary of Health, Education, and 
PUBLIC LAW 96-284—JUNE 28, 1980 
94 STAT. 591 
Welfare, as appropriate," and inserting in lieu thereof "by the 
Secretary,", 
(4) Subsection (e) of such section is amended— 
(A) by striking out "The Secretary" and all that follows in such 
subsection through "each year" the first place it appears and 
inserting in lieu thereof "Not later than July 31 of each year, the 
Secretary shall submit a written report"; and 
(B) by striking out the third sentence in such subsection. 
(5) The heading of such section is amended to read as follows: 
"§313. Special pay: medical officers of the Public Health Service 
who execute active duty agreements". 
(6) The item relating to such section in the table of sections at the 
beginning of chapter 5 of such title is amended to read as follows: 
"313. Special pay: medical officers of the Public Health Service who execute active 
duty agreements.". 
PERMANENT AUTHORITY FOR OTHER SPECIAL PAY PROVISIONS FOR 
HEALTH PROFESSIONALS IN THE UNIFORMED SERVICES 
SEC. 4. (a) Section 302a of title 37, United States Code, relating to 
special pay for optometrists, is amended— 
(1) by striking out "(a) In addition to any other basic pay, 
special pay, incentive pay, or allowances to which he is entitled, 
each" in subsection (a) and inserting in lieu thereof "Each"; 
(2) by striking out "beginning on or after October 1,1977"; and 
(3) by striking out subsections (b) and (c). 
(b) Section 302b of such title, relating to special pay for dentists, is 
amended— 
(1) by striking out", in addition to any other pay or allowances 
to which he is entitled,"; and 
(2) by striking out the last sentence of such section. 
(c) Section 303 of such title, relating to special pay for veterinar-
ians, is amended— 
(1) by striking out "(a) In addition to any other basic pay, 
special pay, incentive pay or allowances to which he is entitled, 
each" in subsection (a) and inserting in lieu thereof "Each"; 
(2) by striking out "beginning on or after October 1,1977"; and 
(3) by striking out subsections (b) and (c). 
(d)(1) Subsection (a) of section 311 of such title, relating to continu-
ation pay for physicians and dentists who extend their service on 
active duty, is amended to read as follows: 
"(a)(1) Under regulations to be prescribed by the Secretary of 
Defense, an officer of the Army or Navy in the Dental Corps or an 
officer of the Air Force who is designated as a dental officer who— 
"(A) is serving on active duty in a critical specialty designated 
by the Secretary of Defense; 
"(B) has completed his initial active-duty obligation; and 
"(C) executes a written agreement to remain on active duty for 
at least one additional year; 
may be paid not more than four months' basic pay (under the rates of 
basic pay in effect on April 1,1980) when he executes that agreement 
for each additional year that he agrees to remain on active duty. The 
eligibility of an officer for special pay under the preceding sentence, 
and the method of computing the amount of such special pay, shall be 
determined in accordance with the provisions of the regulations of 
the Secretary of Defense which on April 1, 1980, determined the 
37 u s e 302b. 
37 u s e 303. 
37 u s e 311. 
Active duty 
agreement. 
79-194 
O—81—pt. 1 
41: QL3 
94 STAT. 592 
PUBLIC LAW 96-284—JUNE 28, 1980 
Repeal. 
eligibility for and method of computation of such special pay, except 
that in computing the amount of such special pay, the rates of basic 
pay to be applied are the rates of basic pay in effect on April 1,1980. 
"(2) Under regulations to be prescribed by the Secretary of Health 
and Human Services, a medical officer of the Public Health Service 
above the pay grade of 0-6 or such an officer who is below that pay 
grade who is undergoing initial residency training and who was on 
active duty on July 1, 1974, or a dental officer of the Public Health 
Service who— 
"(A) is serving on active duty in a critical specialty designated 
by the Secretary of Health and Human Services; 
"(B) has completed his initial active-duty obligation; and 
"(C) executes a written agreement to remain on active duty for 
at least one additional year; 
may be paid not more than four months' basic pay at the rate 
applicable to him when he executes that agreement for each 
additional year that he agrees to remain on active duty. 
"(3) Pay under this section shall be paid in equal annual or 
semiannual installments as determined by the Secretary of Defense 
or the Secretary of Health and Human Services, as appropriate, in 
each additional year covered by an agreement to remain on active 
duty. However, in meritorious cases, the pay may be paid in fewer 
installments if the Secretary determines it to be in the best interest 
of the officer.". 
(2) Subsection (c) of such section is amended by striking out 
"beginning with the calendar year 1968,". 
(3) The heading of such section is amended to read as follows: 
"§311. Special pay: continuation pay for dentists in the armed 
forces and physicians and dentists in the Public Health 
Service". 
(4) The item relating to such section in the table of sections at the 
beginning of chapter 5 of such title is amended to read as follows: 
"311. Special pay: continuation pay for dentists in the armed forces and physicians 
and dentists in the Public Health Service.". 
(e) Section 2 of the Act entitled "An Act to amend chapter 5 of title 
37, United States Code, to revise the special pay structure relating to 
medical officers of the uniformed services , approved May 6, 1974 
(37 U.S.C. 302 note), is repealed. 
37 u s e 303a. 
Administrative 
regulations. 
37 use 
302-302C, 303, 
311, 313. 
GENERAL PROVISIONS RELATING TO HEALTH PROFESSIONALS 
SEC. 5. (a) Chapter 5 of title 37, United States Code, is amended by 
inserting after section 303 the following new section: 
"§303a. Special pay: health professionals; 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 302, 302a, 302b, 302c, 303, 311, and 313 
of this title. 
"(b) Special pay authorized under sections 302, 302a, 302b, 302c, 
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 
PUBLIC LAW 96-284—JUNE 28, 1980 
94 STAT. 593 
provision of this title or in computing retired pay, severance pay, or 
readjustment pay. 
"(c) The Secretary of Defense shall conduct a review every two 
years of the special pay for health professionals authorized by 
sections 302, 302a, 302b, 303, and 311 of this title. A report shall be 
submitted to the Congress not later than September 30,1982, of the 
results of the first such review, and a repoji; shall be submitted to the 
Congress not later than September 30 of each second year thereafter 
on the results of the review for the preceding two-year period.". 
(b) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 303 the 
following new item: 
"303a. Special pay: health professionals; general provisions.". 
Review. 
3
7 use 
302-302b, 303, 
311. 
Report to 
Congress. 
TECHNICAL AMENDMENT 
SEC. 6. Section 306(e) of title 37, United States Code, relating to 
exclusions from special pay for officers holding positions of unusual 
responsibility, is amended by striking out "302 or 303" and inserting 
in lieu thereof "302,302a, 302b, or 303". 
TRANSITION PROVISIONS 
SEC. 7. Notwithstanding any provision of the amendments made by 3
7 use 302 note 
this Act, and in accordance with regulations to be prescribed by the 
Secretary of Defense, any officer of the Army, Navy, or Air Force who 
at any time before the effective date of the amendments made by this 
Act was entitled to special pay under section 302 of title 37, United 
States Code, and any officer who after such effective date would have 
become entitled to special pay under such section (as in effect on the 
day before such effective date) had such section continued in effect, 
shall be paid basic pay and special pay under section 302 of such title 
(as in effect on and after the effective date of the amendments made 
by this Act) in a total amount not less than the total amount of the 
basic pay (as in effect on the day before such date) and special pay 
applicable (or which would have been applicable) to such officer 
under sections 302,311, and 313 of such title (as in effect on the day 
before such date and computed on the rates of 
basic pay as in effect on 
the day before such date). 
37 u s e 302, 311, 
313. 
94 STAT. 594 
PUBLIC LAW 96-284—JUNE 28, 1980 
EFFECTIVE DATE 
3
7 use 302 note. 
ggc g Tjjc amendments made by sections 2 and 3 shall apply to 
special pay payable for periods beginning ^%er the last day of the 
month in wmch this Act is enacted. 
Approved June 28, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-904 accompanyng H.R. 6982 (Comm. on Armed Services). 
SENATE REPORT No. 96-749 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
May 28, considered and passed Senate. 
June 23, H.R. 6982 considered and passed House; passage vacated and S. 2460, 
amended, passed in lieu. 
June 26, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 16, No. 27: 
June 30, Presidential statement.