Title 37 United States Code

Pay And Allowances Of The Uniformed Services

§101.  Definitions

In addition to the definitions in sections 1-5 of title 1, the following definitions apply in this title:

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(3)  The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.

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(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;

(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 Transportation, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy;

(F)  the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and

(G)  the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service.

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§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, is entitled to compensation, at the rate of 1/30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay—

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

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

(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; or

(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).

(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, if the site is outside reasonable commuting distance from the member’s residence.

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§310.  Special pay: duty subject to hostile fire or imminent danger

(a)  Eligibility and Special Pay Amount.—Under regulations prescribed by the Secretary of Defense, a member of a uniformed service may be paid special pay at the rate of $225 for any month 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)  Continuation During Hospitalization.—

(1)  A member described in paragraph (2) may be paid special pay under this section for 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 acombat 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.

(c)  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 month. A member may be paid special pay under this section in addition to any other pay and allowances to which he may be entitled.

(3)  A member of a reserve component who is eligible for special pay under this section for a month shall receive the full amount authorized in subsection (a) for that month regardless of the number of days during that month on which the member satisfies the eligibility criteria specified in such subsection.

(d)  Determinations of Facts.—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.

(e)  Temporary Increase in Authorized Amount of Special Pay.—For the period beginning on October 1, 2003, and ending on December 31, 2005, the rate of pay authorized by subsection (a) shall be increased to $225.

§1009.  Adjustments of compensation

(a)  Adjustment Required.—Whenever the General Schedule of compensation for Federal classified employees, as contained in section 5332 of title 5, is adjusted upward as provided in section 5303 of such title, the President shall immediately make an upward adjustment in the monthly basic pay authorized members of the uniformed services by section 203(a) of this title.

(b)  Effectiveness of Adjustment.—An adjustment under this section shall—

(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.

(c)  Limitations and Administration.—(1) Subject to subsection (d), an adjustment under this section shall provide all eligible members with an increase in the monthly basic pay which is of the same percentage as the overall average percentage increase in the General Schedule rates of both basic pay and locality pay for civilian employees.

(2)  Notwithstanding paragraph (1), but subject to subsection (d), an adjustment taking effect under this section during each of fiscal years 2001 through 2006 shall provide all eligible members with an increase in the monthly basic pay by the percentage equal to the sum of—

(A)  one percent; plus

(B)  the percentage calculated as provided under section 5303(a) of title 5 for that fiscal year, without regard to whether rates of pay under the statutory pay systems are actually increased during that fiscal year under that section by the percentage so calculated.

(d)  Allocation of Increase Among Pay Grades and Years-of-Service.—(1) Subject to paragraph (2), whenever the President determines such action to be in the best interest of the Government, he may allocate the overall percentage increase in the monthly basic pay under subsection (a) among such pay grade and years-of-service categories as he considers appropriate.

(2)  In making any allocation of an overall percentage increase in basic pay under paragraph (1)—

(A)  the amount of the increase in basic pay for any given pay grade and years-of-service category after any allocation made under this subsection may not be less than 75 percent of the amount of the increase in the monthly basic pay that would otherwise have been effective with respect to such pay grade and years-of-service category under subsection (c); and

(B)  the percentage increase in the monthly basic pay in the case of any member of the uniformed services with four years or less service may not exceed the overall percentage increase in the General Schedule rates of basic pay for civilian employees.

(e)  Notice of Allocations.—Whenever the President plans to exercise the authority of the President under subsection (d) with respect to any anticipated increase in the monthly basic pay of members of the uniformed services, the President shall advise Congress, at the earliest practicable time prior to the effective date of such increase, regarding the proposed allocation of such increase.

(f)  Protection of Member’s 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 member’s permanent duty station or to duty under field conditions at the member’s 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; and

(C)  the basic allowance for housing authorized members of the uniformed services by section 403 of this title.

(g)  Quadrennial Assessment of Allocations.—The allocations of increases made under this section shall be assessed in conjunction with the quadrennial review of military compensation required by section 1008(b) of this title.

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[Internal References.—SSAct §§209(d), 465(a) and (c) cite title 37, United States Code.]