An act to amend title 37, United States Code, to improve certain special pay and allowance benefits for members of the uniformed services, and for other purposes.
PL 96-579 (H.R.7626), enacted 12/23/1980

PUBLIC LAW 96-579—DEC. 23, 1980 
94 STAT. 3359 
Public Law 96-579 
96th Congress 
An Act 
To amend title 37, United States Code, to improve certain special pay and allowance 
benefits for members of 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 
Dec. 23, 1980 
[H.R. 7626] 
Military Pay and 
Allowances 
Benefits Act of 
1980. 
SECTION 1. This Act may be cited as the "Military Pay and 37 USC101 note. 
Allowances Benefits Act of 1980", 
SPECIAL PAY FOR NUCLEAR DUTY 
SEC. 2. (a)(1) Subsection (a) of section 312 of title 37, United States 
Code, is amended by striking out "$5,000" and "$4,000" and inserting 
in lieu thereof "$7,000" and "$5,600". 
(2) Subsection (e) of such section is amended by striking out 
"September 30, 1981" and inserting in lieu thereof "September 30, 
1987". 
(b)(1) Section 312b of such title is amended— 
37 USC 312b. 
(A) by redesignating subsections (a), (b), and (c) as subsections 
(b), (c), and (d), respectively; and 
(B) by inserting above subsection (b), as redesignated by clause 
(A), the following new subsection (a): 
"(a)(1) Under regulations prescribed by the Secretary of the Navy, Bonus, 
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 submarine propulsion plants may be 
paid a bonus of $3,000 upon acceptance by the Secretary of the 
written agreement. 
"(2) Under such regulations, and subject to such exceptions, as the Refund. 
Secretary of the Navy may prescribe, an individual who has entered 
into an agreement with the Secretary under this subsection, who has 
been paid a bonus under this subsection, and who fails to commence 
or satisfactorily complete the nuclear power training specified in the 
agreement shall be required to refund such bonus.". 
(2) Subsection (c) of section 312b of such title, as redesignated by 
paragraph (1)(A), is amended by striking out "subsection (a)" and 
inserting in lieu thereof "subsections (a) and (b)". 
(3) Subsection (d) of section 312b of such title, as redesignated by 
paragraph (1)(A), is amended by striking out "September 30, 1981 
and inserting in lieu thereof "September 30,1987". 
(c)(1) Subsection (a) of section 312c of such title is amended by 37 USC 3l2c. 
striking out "$4,000 for each nuclear service year beginning after 
September 30,1975, and ending before October 1,1981" and inserting 
in lieu thereof "$6,000 for each nuclear service year ending before 
October 1,1987". 
94 STAT. 3360 
PUBLIC LAW 96-579—DEC. 23, 1980 
"Nuclear service 
year." 
Effective dates. 
37 u s e 312 note. 
37 u s e 312b 
note. 
Ante, p. 3359. 
37 u s e 312c 
note. 
(2) Subsection (b) of such section is amended by striking out "$2,400 
for each nuclear service year beginning after September 30,1975, and 
ending before October 1, 1981" and inserting in lieu thereof "$3,500 
for each nuclear service year ending before October 1,1987". 
(3) Subsection (e) of such section is amended to read as follows: 
"(e) For the purposes of this section, a 'nuclear service year' is any 
fiscal year beginning before October 1,1987.". 
(d)(1) The amendments made by subsection (a)(1) shall apply only 
with respect to active-duty agreements under section 312 of title 37, 
United States Code, executed on or after the first day of the first 
month following the month in which this section is enacted. 
(2) The amendments made by subsection (bXD shall apply only with 
respect to agreements executed under section 312b(a) of title 37, 
United States Code, executed on or after the first day of the first 
month following the month in which this section is enacted. 
(3) The amendments made by subsection (c) shall become effective 
on the first day of the first month following the month in which this 
section is enacted. 
INCENTIVE PAY FOR SUBMARINE DUTY 
SEC. 3. (a) Section 301(a) of title 37, United States Code, is amended 
by striking out clauses (2) and (3) and redesignating clauses (4) 
through (12) as clauses (2) through (10), respectively. 
(b) Section 301(b) of such title is amended— 
(1) by striking out "(1)" after the subsection designation "(\i)"; 
and 
(2) by striking out paragraph (2). 
(c) Section 301(c) of such title is amended by striking out "clause (4), 
(5), (6), (7), (8), (9), (10), (11), or (12)" and inserting in lieu thereof 
"clause (2), (3), (4), (5), (6), (7), (8), (9), or (10)". 
(d) Title 37, United States Code, is amended by inserting after 
section 301b the following new section: 
37 use 301c. 
§ 301c. Incentive pay: submarine duty 
"(a)(1) Subject to regulations prescribed by the President, a 
member of the Navy who is entitled to basic pay is also entitled to 
submarine duty incentive pay in the amount set forth in subsection 
(b) of this section for the frequent and regular performance of 
operational submarine duty required by orders. 
"(2) Submarine duty incentive pay shall be restricted to members 
who hold or are in training leading to a submarine duty designator 
and who are in and remain in the submarine service on a career basis. 
"(3) To be entitled to continuous monthly submarine duty incentive 
pay through 26 years of service (as computed under section 205 of this 
37 use 205. 
title), a member must perform operational submarine duties for at 
least 6 of the first 12, and at least 10 of the first 18, years of his 
submarine service. However, if a member performs the prescribed 
operational submarine duties for at least 8 but less than 10 of the first 
18 years of his submarine service, he is entitled to continuous 
monthly submarine duty incentive pay for the first 22 years of his 
service (as computed under 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 
PUBLIC LAW 96-579—DEC. 23, 1980 
94 STAT. 3361 
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), such member shall be entitled to that pay in the amount set 
forth in subsection (b) of this section for the performance of subse-
quent operational submarine duty, or for the performance of service 
as a member of a submarine operational command staff, if such 
member's duties require serving on a submarine during underway 
operations. 
"(5) For the purposes of this section, the term— 
Definitions. 
"(A) 'Operational submarine duty' means duty— 
"(i) while attached under competent orders to a subma-
rine, while undergoing training preliminary to assignment 
to a nuclear-powered submarine, while undergoing rehabili-
tation 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) '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) A member who meets the requirements prescribed in subsec-
tion (a) of this section is entitled to monthly submarine duty incentive 
pay as follows: 
"ENLISTED MEMBERS 
"Pay grade 
Years of service computed under section 205 
2 or less 
Over 2 
Over 3 
Over 4 
Over 6 
E-9 
$165 
E-8 
165 
E-7 
165 
$165 
1
6
5 
1
6
5 
$165 
1
6
5 
1
6
5 
$200 
1
8
5 
1
8
5 
$220 
200 
1
9
0 
$230 
220 
1
9
5 
$235 
230 
205 
94 STAT. 3362 
PUBLIC LAW 96-579—DEC. 23, 1980 
"ENLISTED MEMBERS—Continued 
"Pay grade 
"Pay grade 
"Pay grade 
"Pay grade 
Years of service computed under section 205 
2 or less 
Over 2 
Over 3 
CKer 4 
Over 6 
Over 8 
Over 10 
E-6 
115 
E-5 
105 
E-4 
60 
E-3 
60 
E-2 
55 
E-1 
55 
2
5 
1
5 
7
0 
6
5 
65 
00 
1
3
0 
1
1
5 
75 
7
0 
65 
00 
1
6
0 
1
3
0 
1
2
5 
7
0 
6
5 
00 
1
7
0 
1
4
0 
1
3
0 
1
0
5 
6
5 
00 
1
8
0 
1
4
5 
1
3
0 
6
5 
6
5 
00 
1
9
0 
1
4
5 
1
3
0 
6
5 
65 
00 
Years of ser.ice computed under section 205 
Over 12 
0\'er 14 
Over 16 
Over 18 
0\-er 20 
Over 22 
Over 26 
E-9 
$245 
$255 
$265 
$265 
$265 
$265 
$265 
E-8 
235 
245 
245 
255 
255 
255 255 
E-7 
220 
230 
230 
230 
230 
230 230 
E-6 
195 
195 
195 
195 
195 
195 195 
E-5 
145 
145 
145 
145 
145 
145 145 
E-4 
130 
130 
130 
130 
130 
130 130 
E-3 
65 
65 
65 
65 
65 
65 
65 
E-2 
65 
65 
65 
65 
65 
65 
65 
EJ-1..._ 
55 
55 
55 
55 
55 
55 
55 
"COMMISSIONED OFFICERS 
Years of service computed under section 205 
2 or less 
Over 2 
Over 3 
Over 4 
Over 6 
Over 8 
Over 10 
O-IO 
$265 
$265 
$265 
$265 
$265 
$265 
$265 
0-9 
265 
265 
265 
265 
265 
265 
265 
0-8 
265 
265 
265 
265 
265 
265 
265 
0-7 
265 
265 
265 
265 
265 
265 
265 
0-6 
440 
440 
440 
440 
440 
440 
440 
0-5 
440 
440 
440 
440 
440 
440 
440 
0-4 
270 
270 
270 
300 
440 
440 
440 
0-3 
265 
265 
265 
290 
440 
440 
440 
0-2 
175 
175 
175 
175 
175 
175 
265 
0-1 
130 
130 
130 
130 
130 
130 
265 
Years of service computed under section 205 
Over 12 
Over 14 
Over 16 
Over 18 
Over 20 
Over 22 
Over 26 
O-IO 
$265 
$265 
$265 
$265 
$265 
$265 
$265 
0-9 
265 
265 
265 
265 
265 
265 265 
0-8 
265 
265 
265 
265 
265 
265 265 
0-7 
265 
265 
400 
395 
395 
305 265 
0-6 
440 
440 
440 
395 
395 
305 265 
0-5 
440 
440 
440 
395 
395 
350 265 
0-4 
440 
440 
440 
395 
395 
350 265 
0-3 
440 
440 
440 
395 
395 
350 265 
0-2 
265 
265 
265 
265 
265 
265 265 
0-1 
265 
265 
265 
265 
265 
265 265 
PUBLIC LAW 96-579—DEC. 23, 1980 
94 STAT. 3363 
"WARRANT OFFICERS 
"Pay grade 
Years of service computed under section 205 
2 or less 
Over 2 
Over 3 
Over 4 
Over 6 
Over 8 
Over 10 
W-4 
$175 
W-3 
175 
W-2 
175 
W-1 
175 
$230 
230 
2
3
0 
2
3
0 
$230 
230 
230 
230 
$230 
230 
2
3
0 
230 
$265 
265 
2
6
5 
2
6
5 
$265 
265 
2
6
5 
2
6
5 
$265 
265 
2
6
5 
2
6
5 
'Pay grade 
Years of service computed under section 205 
Over 12 
Over 14 
Over 16 
Over 18 
Over 20 
Over 22 
Over 26 
W-4 
$265 
$265 
w-3 
265 
265 
W-2 
265 
265 
W-1 
265 
265 
$265 
2
6
5 
2
6
5 
265 
$265 
2
6
5 
265 
265 
$265 
2
6
5 
265 
265 
$265 
2
6
5 
265 
265 
$265 
265 
265 
265 
"(c)(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) Under regulations prescribed by the President and to the 
extent provided for by appropriations, when a member of the Naval 
Reserve who is entitled to compensation under section 206 of this 
title, performs, under orders, duty on a submarine during underway 37 USC 206. 
operations, he is eligible for an increase in such compensation equal 
to one-thirtieth of the monthly incentive pay authorized by subsec-
tion (b) of this section for the performance of that duty by a member 
of a corresponding grade and years of service who is entitled to basic 
pay. Such a member is eligible for the increase for each day served, 
for as long as he is qualified for it, during each regular period of 
appropriate duty. 
"(e) The Secretary of Defense shall report to the Congress before Report to 
January 1 each year— 
Congress. 
"(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 subsec-
tion (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 com-
mand staff duties, and who were not performing submarine duties at 
all.". 
94 STAT. 3364 
PUBLIC LAW 96-579—DEC. 23, 1980 
(e) The table of sections at the beginning of chapter 5 of such title is 
amended by inserting after the item relating to section 801b the 
following new item: 
"301c. Incentive pay: submarine duty.". 
37 use 308. 
(f) Section 308 of such title is amended by redesignating subsec-
tions (e) and (f) as subsections (f) and (g), respectively, and by 
inserting after subsection (d) the following new subsection (e): 
"(e) Any period of enlistment (including any extension of an 
enlistment)— 
"(1) which is incurred by a member for the purpose of continu-
ing to qualify for continuous submarine duty incentive pay under 
section 301c of 
this title; and 
"(2) for which no bonus is otherwise payable under this section, 
may, under regulations prescribed by the Secretary of the Navy, be 
considered as part of an immediately subsequent term of reenlist-
ment, or as part of an immediately subsequent voluntary extension of 
an enlistment, for the purpose of determining the eligibility of the 
member for a bonus under this section and for the purpose of 
computing the amount of such bonus.". 
Effective date. 
(g) The amendments made by this subsection shall become effective 
37 use 301c 
on the first day of the first month following the month in which this 
"''*®- 
Act is enacted. 
SPECIAL PAY FOR CAREER SEA DUTY 
SEC. 4. (a) Section 305a of title 37, United States Code, is amended to 
read as follows: 
"§ 305a. Special pay: career sea pay 
"(a) Under regulations prescribed by the President, 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) 
of this section. 
"(b) The monthly rates for special pay under subsection (a) of this 
section are as follows: 
"ENLISTED MEMBERS 
E-4 
E-5 
E-6 
E-7 
E-8 
E-9 
1 
or 
less 
$50 
60 
125 
135 
165 
175 
Over 
1 
$60 
70 
135 
145 
180 
195 
Years 
of 
sea 
duty 
Over 
2 
$125 
140 
170 
215 
225 
235 
Over 
3 
$160 
175 
190 
235 
255 
265 
Over 
4 
$175 
185 
210 
255 
265 
280 
Over 
5 
$175 
190 
215 
260 
270 
290 
Over 
6 
$175 
205 
225 
265 
280 
310 
E-4 
E-5 
E-6 
E-7 
E-8 
E-9 
Over? 
$175 
220 
235 
265 
285 
310 
Overs 
$175 
220 
245 
270 
290 
310 
Years 
of; 
Over 
9 
$175 
220 
255 
275 
300 
310 
sea 
duty 
Over 
10 
$175 
220 
255 
280 
310 
310 
Over 
11 
$175 
220 
255 
300 
310 
310 
Over 
12 
$175 
220 
255 
310 
310 
310 
PUBLIC LAW 96-579—DEC. 23, 1980 
94 STAT. 3365 
"WARRANT OFFICERS 
"Pay grade 
Years of sea duty 
1 or less 
Over 1 
Over 2 
Over 3 
Over 4 
Over 5 
Over 6 
W-1 
$130 $135 
W-2 
150 
150 
W-3 
150 
150 
W-4 
150 
150 
$140 
1
5
0 
1
5
0 
150 
$150 
150 
150 
150 
$170 
170 
1
7
0 
170 
$175 
260 
270 
290 
$200 
265 
280 
310 
"Pay 
grade 
Years of sea duty 
Over 7 
Over 8 
Over 9 
Over 10 
Over 11 
Over 12 
W-1 
$250 
$270 
$275 
w-2 
265 
270 
275 
W-3 
285 
290 
300 
W-4 
310 
310 
310 
280 
310 
310 
$290 
$300 
290 
310 
310 
310 
310 
310 
"COMMISSIONED OFFICERS 
"Pay grade 
Years of sea duty 
Over 3 
Over 4 
Over 5 
Over 6 
Over 7 
0-P 
$150 
0-2» 
150 
0-3 
150 
0-4 
185 
0-5 
225 
0-6 
225 
$160 
1
6
0 
160 
190 
225 
230 
$185 
185 
1
8
5 
200 
225 
230 
$190 
190 
190 
205 
225 
240 
$195 
195 
195 
215 
230 
255 
"Pay 
grade 
Years of sea duty 
Over 8 
Over 9 
Over 10 
Over 11 
Over 12 
0-1» 
$205 
0-2» 
205 
0-3 
205 
0-4 
215 
0-5 
245 
0-6 
265 
$215 
215 
215 
220 
250 
280 
$225 
225 
225 
225 
260 
290 
$225 
225 
225 
225 
265 
300 
$240 
240 
240 
240 
265 
310 
"•Commissioned officers with at least four years of active service as enlisted members or as 
noncommissioned warrant officers. 
"(c) Under regulations prescribed by the President, a member of a 
uniformed service who is entitled to career sea pay under this section 
who has served 36 consecutive months of sea duty is entitled to a 
career sea pay premium of $100 a month for the thirty-seventh 
consecutive month and each subsequent consecutive month of sea 
duty served by such member. 
"(d) For the purposes of this section, the term 'sea duty' means duty "Sea duty.' 
performed by a member— 
"(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 under-
way; 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 
79-194 0-81-pt. 3 
46 : QL3 
94 STAT. 3366 
PUBLIC LAW 96-579—DEC. 23, 1980 
a period that the ship is away from its homeport for 30 consecu-
tive days or more. 
A ship is considered away from its homeport for purposes of clause (B) 
of the first sentence when it is at sea or in a port that is more than 50 
miles from its homeport.". 
Effective date. 
(b) The amendment made by this section shall be effective with 
«IfY^^ ^^^^ 
respect to special pay payable under section 305a of title 37, United 
States Code, for months after the month in which this section is 
enacted. 
note. 
INCENTIVES FOR ENUSTED MEMBERS TO EXTEND TOURS OF DUTY 
OVERSEAS 
SEC. 5. (a)(1) Chapter 5 of title 37, United States Code, is amended by 
adding at the end thereof the following new section: 
37 use 314. 
"§ 314. Special pay: quallHed enlisted members extending duty at 
designated locations overseas 
"(a) Under regulations prescribed by the Secretary concerned, an 
enlisted member of an armed force who— 
"(1) is entitled to basic pay; 
"(2) has a specialty that is designated by the Secretary con-
cerned 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 48 contiguous States and the District of Columbia 
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; 
is entitled, upon acceptance of the agreement providing for such 
extension by the Secretary concerned, to special pay for duty per-
formed during the period of the extension at a rate of not more than 
$50 per month, as prescribed by the Secretary concerned. 
"(b) A member who elects to receive rest and recuperative absence 
or transportation at Government expense, or any combination there-
infra. 
of, under section 705 of title 10 is not entitled to the special pay 
authorized by this section for the period of extension of duty for 
which the rest and recuperative absence or transportation is 
authorized.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"314. Special pay: qualified enlisted members extending duty at designated locations 
overseas.". 
(b)(1) Chapter 40 of title 10, United States Code, is amended by 
adding at the end thereof the following new section: 
10 use 705. 
"§ 705. Rest and recuperative absence for qualified enlisted mem-
bers extending duty at designated locations overseas 
"(a) Under regulations prescribed by the Secretary concerned, an 
enlisted member of an armed force who— 
"(1) is entitled to basic pay; 
"(2) has a specialty that is designated by the Secretary con-
cerned 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 
PUBLIC LAW 96-579—DEC. 23, 1980 
94 STAT. 3367 
outside the 48 contiguous States and the District of Columbia 
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; 
may, in lieu of receiving special pay under section 314 of title 37 for 
duty performed during such extension of duty, elect to receive one of 
the benefits specified in subsection (b). Receipt of any such benefit is 
in addition to any other leave or transportation to which the member 
may be entitled. 
"(b) The benefits authorized by subsection (a) are— 
"(1) a period of rest and recuperative absence for not more than 
30 days; or 
"(2) a period of rest and recuperative absence for not more than 
15 days and round-trip transportation at Government expense 
from the location of the extended tour of duty to the nearest port 
in the 48 contiguous States and return. 
"(c) The provisions of this section shall not be effective unless the 
Secretary concerned determines that the application of this section 
will not adversely affect combat or unit readiness.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"705. Rest and recuperative absence for qualified enlisted members extending 
duty at designated locations overseas.". 
(c)(1) Section 314 of title 37, United States Code, as added by Effective dates, 
subsection (a), shall take effect on the first day of the first month ^^ ^^ ^^^ ^°^-
following the month in which this section is enacted and shall apply 
to periods of extended duty overseas beginning before, on, or after 
such date, but no payment may be made under such section for any 
month before the first day of the first month following the month in 
which this section is enacted. 
(2) Section 705 of title 10, United States Code, as added by 10 USC 705 note, 
subsection (b), shall take effect upon the date of the enactment of this 
section and shall apply only with respect to periods of extended duty 
overseas beginning on or after such date of enactment. 
BASIC ALLOWANCE FOR QUARTERS IN LIEU OF ASSIGNED QUARTERS FOR 
CERTAIN MEMBERS WITHOUT DEPENDENTS 
SEC. 6. (a) The second sentence of subsection (b) of section 403 of 
title 37, United States Code, is amended— 
(1) by striking out "except as provided by regulations pre-
scribed under" and inserting in lieu thereof "subject to the 
provisions of; and 
(2) by striking out "commissioned officer" and "C-3" and 
inserting in lieu thereof "member" and "F-6", respectively. 
(b) Subsection (c) of such section is amended to read as follows: 
"(c)(1) A member of a uniformed service without dependents is not 
entitled to a basic allowance for quarters while he is on field duty 
unless his commanding officer certifies that the member was neces-
sarily required to procure quarters at his expense. 
"(2) A member of a uniformed service without dependents who is in 
a pay grade below pay grade E-7 is not entitled to a basic allowance 
for quarters while he is on sea duty. A member of a uniformed service 
without dependents who is in a pay grade above E-6 and who is on sea 
duty is not entitled to a basic allowance for quarters while the unit to 
which he is assigned is deployed for a period in excess of 90 days. 
94 STAT. 3368 
PUBLIC LAW 96-579—DEC. 23, 1980 
"(3) For the purposes of this subsection, duty for a period of less 
than three months is not considered to be field duty or sea duty.", 
(c) Subsection (j) of such section is amended— 
(1) by inserting "(1)" after the subsection designation "(j)"; and 
(2) by adding the following new paragraph: 
"(2) The Secretary concerned may deny the right to make an 
election under subsection (b) of this section if he determines that the 
exercise of such an election would adversely affect military discipline 
or military readiness.". 
37 use 403 note. 
(d) The amendments made by this section shall only apply to 
payment of basic allowance for quarters for months after September 
1980. 
CHARGES FOR PARKING FACILITIES FOR HOUSE TRAILERS AND MOBILE 
HOMES 
SEC. 7. Section 403 of title 37, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(k) 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 fee 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 15-year period beginning with the 
completion of such construction.". 
PERMANENT AUTHORITY FOR SUBSISTENCE ALLOWANCES FOR MEMBERS 
OF MARINE CORPS OFFICER CANDIDATE PROGRAMS 
SEC. 8. Section 209(d) of title 37, United States Code, relating to 
members of precommissioning programs, is amended— 
(1) by striking out "(D' after the subsection designation "(b)"; 
and 
(2) by striking out paragraph (2). 
REPEAL OF AUTHORITY TO WAIVE CERTAIN PROVISIONS RELATING TO 
THE ENLISTMENT AND INDUCTION OF PERSONS INTO THE ARMED 
FORCES 
SEC 9. Section 520 of title 10, United States Code, is amended— 
(1) by striking out the subsection designation "(a)"; and 
(2) by striking out subsection (b). 
ACCRUED LEAVE 
SEC. 10. Section 701(f) of title 10, United States Code, is amended by 
inserting "or a member assigned to a deployable ship, mobile unit, or 
to other duty designated for the purpose of this section," after "title 
37". 
REVISION ON DEFINITION OF "REGULAR COMPENSATION" AND "REGULAR 
MILITARY COMPENSATION (RMC)" 
SEC. 11. Paragraph (25) of section 101 of title 37, United States Code, 
is amended by inserting "(including any variable housing allowance 
or station housing allowance)" after "basic allowance for quarters". 
PUBLIC LAW 96-579—DEC. 23, 1980 
94 STAT. 3369 
TERMS OP OFFICE OP JUDGES OP THE UNITED STATES COURT OF MILI-
TARY APPEALS; APPLICATION OF THE ETHICS IN GOVERNMENT ACT OF 
1978 TO THE JUDGES AND EMPLOYEES OF SUCH COURT 
SEC 12. (a) Section 867(a)(1) (article 67(aXl)) of title 10, United 
States Code, is amended by striking out the third sentence. 
(b) The term of office of a judge of the United States Court of lo use 867 note. 
Military Appeals serving on such court on the date of the enactment 
of this Act shall expire (1) on the date the term of such judge would 
have expired under the law in effect on the day before such date of 
enactment, or (2) ten years after the date on which such judge took 
office as a judge of the United States Court of Military Appeals, 
whichever is later. 
(c) Section 308 of the Ethics in Government Act of 1978 (28 U.S.C. 
App. 308) is amended— 
(1) by inserting "United States Court of Military Appeals;" in 
paragraph (9) after "Tax CJourt;"; and 
(2) by striking out "or of the Tax Court" in paragraph (10) and 
inserting in lieu thereof ", of the Tax Court, or of the United 
States Court of 
Military Appeals". 
TERMS OF CERTAIN MEMBERS OF THE BOARD OF VISITORS TO THE 
SERVICE ACADEMIES 
SEC 13. (a) Section 4355(b) of title 10, United States Code, is 
amended to read as follows: 
"(b) The persons designated by the President serve for three years 
each except that any member whose term of office has expired shall 
continue to serve until his successor is appointed. The President shall 
designate two persons each year to succeed the members whose terms 
expire that year.". 
(b) Section 6968(b) of such title is amended to read as follows: l
O use 6968. 
"(b) The persons designated by the President serve for three years 
each except that any member whose term of office has expired shall 
continue to serve until his successor is appointed. The President shall 
designate two persons each year to succeed the members whose terms 
expire that year.". 
(c) Section 9355(b) O
f such title is amended to read as follows: l
O use 9355. 
"(b) The persons designated by the President serve for three years 
each except that any member whose term of office has expired shall 
continue to serve until his successor is appointed. The President shall 
designate two persons each year to succeed the members whose terms 
expire that year.". 
Approved December 23, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT: No. 96-1230 (eomm. on Armed Services). 
SENATE REPORT: No. 96-1051 (Coram, on Armed Services). 
eONGRESSIONAL RECORD, Vol. 126 (1980): 
Sept. 15, considered and peissed House. 
Dec. 4, considered and passed Senate, amended. 
Dec. 5, House concurred in Senate amendment.