US (United States) Code. Title 37. Chapter 19: Administration

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Pay allowances of the unifromed services

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-CITE-

37 USC CHAPTER 19 - ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

CHAPTER 19 - ADMINISTRATION

-MISC1-

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 and Air 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.(!1)

1011. Mess operations: reimbursement of expenses.(!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. Annual report on effects of recruitment and retention

initiatives.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title VI, Sec. 673(a)(2), Oct. 5,

1999, 113 Stat. 674, added item 1015.

1997 - Pub. L. 105-85, div. A, title VI, Sec. 604(a)(2), Nov. 18,

1997, 111 Stat. 1784, substituted "monthly basic pay" for

"compensation" in item 1009.

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1484(f)(1), Nov.

5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in

all capital letters.

1987 - Pub. L. 100-26, Sec. 8(b)(2), Apr. 21, 1987, 101 Stat.

285, redesignated item 1013 "Payment date for pay and allowances"

as 1014.

1986 - Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9103(2)], Oct.

18, 1986, 100 Stat. 1783-82, 1783-118, and Pub. L. 99-591, Sec.

101(c) [title IX, Sec. 9103(2)], Oct. 30, 1986, 100 Stat. 3341-82,

3341-118, added item 1013, relating to payment date for pay and

allowances.

Pub. L. 99-399, title VIII, Sec. 806(e)(2), Aug. 27, 1986, 100

Stat. 889, added item 1013, relating to payment of compensation for

victims of terrorism.

1985 - Pub. L. 99-145, title XIII, Sec. 1303(b)(13)(C), Nov. 8,

1985, 99 Stat. 741, inserted ": pay of enlisted members of the

National Guard" in item 1012.

1982 - Pub. L. 97-258, Sec. 2(i)(2)(A), Sept. 13, 1982, 96 Stat.

1061, added item 1012.

1980 - Pub. L. 96-513, title V, Secs. 506(9), 516(21), Dec. 12,

1980, 94 Stat. 2919, 2939, added items 1010 and 1011 and

substituted "Force:" for "Force;" in item 1005.

1974 - Pub. L. 93-419, Sec. 4, Sept. 19, 1974, 88 Stat. 1152,

added item 1009.

1965 - Pub. L. 89-132, Sec. 2(b), Aug. 21, 1965, 79 Stat. 547,

added item 1008.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

37 USC Sec. 1001 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1001. Regulations relating to pay and allowances

-STATUTE-

(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 Secretary's jurisdiction.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 89-718, Secs.

49(a)(1), 69, Nov. 2, 1966, 80 Stat. 1121, 1123; Pub. L. 90-623,

Sec. 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96-513, title V,

Sec. 516(22), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 102-25, title

VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L.

107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

1001(a) 37:324 (1st sentence). Oct. 12, 1949, ch. 681,

Sec. 534; added Sept. 2,

1957, Pub. L. 85-272,

Sec. 4, 71 Stat. 597.

1001(b)

1001(c)

37:324 (2d sentence).

37:324 (less 1st and 2d

sentences).

--------------------------------------------------------------------

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, words importing the singular include

and apply to several persons, parties, or things.

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-296 substituted "Secretary of

Homeland Security" for "Secretary of Transportation".

1991 - Subsec. (b). Pub. L. 102-25 struck out "of this section"

after "subsection (a)".

1980 - Subsec. (b). Pub. L. 96-513, Sec. 516(22)(A), substituted

"National Oceanic and Atmospheric Administration" for

"Environmental Science Services Administration".

Subsec. (c). Pub. L. 96-513, Sec. 516(22)(B), substituted

"Secretary of Health and Human Services" for "Secretary of Health,

Education, and Welfare".

1968 - Subsec. (c). Pub. L. 90-623 substituted "Secretary of

Transportation" for "Secretary of the Treasury".

1966 - Subsec. (b). Pub. L. 89-718 substituted "Environmental

Science Services Administration" for "Coast and Geodetic Survey",

and inserted "and allowances" between "pay" and "matters".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

-TRANS-

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, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

37 USC Sec. 1002 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1002. Additional training or duty without pay: Reserves and

members of National Guard

-STATUTE-

(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 404(a)-(d), and (f), of this title for travel

performed to and from that training or duty, and, during the

performance of that training or duty, be furnished with subsistence

and quarters in kind or commutation thereof at a rate to be fixed

by the Secretary concerned.

(2) If a military technician (dual status), as described in

section 10216 of title 10, is performing active duty without pay

while on leave from technician employment, as authorized by section

6323(d) of title 5, the Secretary concerned may authorize the

payment of a per diem allowance to the military technician in lieu

of commutation for subsistence and quarters under paragraph (1).

(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.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 102-25, title

VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L.

106-65, div. A, title VI, Sec. 672(a), Oct. 5, 1999, 113 Stat.

674.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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1002(a) 37:301(b) (1st sentence, Oct. 12, 1949, ch. 681,

less last 75 words). Sec. 501(b), (e) (as

applicable to duty

without pay), 63 Stat.

826, 827; Aug. 10, 1956,

ch. 1041, Sec. 20(f),

70A Stat. 629; June 30,

1960, Pub. L. 86-559,

Sec. 8, 74 Stat. 282;

Aug. 25, 1961, Pub. L.

87-164, 75 Stat. 401.

1002(b)

1002(c)

1002(d)

37:301(b) (last 75 words

of 1st sentence).

37:301(b) (less 1st

sentence).

37:301(e) (as applicable

to duty without pay).

--------------------------------------------------------------------

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" to reflect the section of this revised title which restates

that section.

Subsection (d) is substituted for section 301(e) of existing

title 37.

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-65 designated existing provisions

as par. (1) and added par. (2).

1991 - Subsec. (b). Pub. L. 102-25 struck out "of this section"

after "subsection (a)".

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 672(c), Oct. 5, 1999, 113

Stat. 674, provided that: "The amendment made by subsection (a)

[amending this section] shall be effective as of February 10, 1996,

as if included in section 1039 of the National Defense

Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110

Stat. 432 [amending section 6323 of Title 5, Government

Organization and Employees]).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1012 of this title.

-End-

-CITE-

37 USC Sec. 1003 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1003. Assimilation of pay and allowances

-STATUTE-

Chapters 3 and 5 and sections 402-407, 409-411, 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.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 490.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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1003 37:309. Oct. 12, 1949, ch. 681,

Sec. 509; restated May

19, 1952, ch. 310, Sec.

3, 66 Stat. 80.

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-End-

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37 USC Sec. 1004 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1004. Computation of pay and allowances for month or part of

month

-STATUTE-

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.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 490.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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1004 37:310. Oct. 12, 1949, ch. 681,

Sec. 510, 63 Stat. 828.

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-End-

-CITE-

37 USC Sec. 1005 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1005. Army and Air Force: prompt payments required

-STATUTE-

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.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 490.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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1005 37:310b. R.S. 1189.

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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.

-End-

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37 USC Sec. 1006 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1006. Advance payments

-STATUTE-

(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

member's change of permanent station; or

(2) the amount of an allotment made from such member's 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 member's dependents

only if all dependents of members of the uniformed services are

ordered evacuated from the place where the member's 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 month's 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 407 of this title for a

member of a uniformed service whose dependents are covered by

section 405a(a) of this title may be paid in advance of the

evacuation of the dependents and to the dependents designated by

the member.

(h) Notwithstanding subsections (a) and (b) of section 3324 of

title 31, the Secretary concerned may, when the last day of the pay

period falls on a Saturday, Sunday, or legal holiday, authorize the

payment of pay and allowances to members of uniformed service under

his jurisdiction on the preceding workday but not more than three

days before the last day of that pay period. If a member dies after

he has received an advance payment under this subsection, but

before the last day of the pay period for which the payment is

made, no part of the amount so advance is recoverable by the United

States.

(i) Under regulations prescribed by the Secretary concerned, not

more than one month's 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 month's 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.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 89-26, Sec.

1(6), May 22, 1965, 79 Stat. 117; Pub. L. 89-193, Sept. 21, 1965,

79 Stat. 823; Pub. L. 89-718, Sec. 70, Nov. 2, 1966, 80 Stat. 1123;

Pub. L. 90-623, Sec. 3(1), (9), Oct. 22, 1968, 82 Stat. 1314, 1315;

Pub. L. 96-76, title III, Sec. 313(b), Sept. 29, 1979, 93 Stat.

586; Pub. L. 96-215, Sec. 3, Mar. 25, 1980, 94 Stat. 123; Pub. L.

96-343, Sec. 8, Sept. 8, 1980, 94 Stat. 1128; Pub. L. 96-513, title

V, Sec. 516(23), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 97-60, title

I, Sec. 131(b), Oct. 14, 1981, 95 Stat. 1005; Pub. L. 97-258, Sec.

3(j), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99-145, title XIII,

Sec. 1303(b)(12), Nov. 8, 1985, 99 Stat. 741; Pub. L. 99-661, div.

A, title VI, Sec. 602(a), Nov. 14, 1986, 100 Stat. 3874; Pub. L.

102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat.

117; Pub. L. 102-484, div. A, title VI, Sec. 602(a), Oct. 23, 1992,

106 Stat. 2420; Pub. L. 103-160, div. A, title VI, Sec. 605(a),

Nov. 30, 1993, 107 Stat. 1679; Pub. L. 105-261, div. A, title VI,

Sec. 652, Oct. 17, 1998, 112 Stat. 2051; Pub. L. 107-296, title

XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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1006(a) 37:310c(a). Oct. 5, 1949, ch. 600,

Sec. 1, 63 Stat. 703.

1006(b) 37:319c(b). Oct. 5, 1949, ch. 600,

Sec. 2; added Aug. 30,

1961, Pub. L. 87-188,

Sec. 1, 75 Stat. 416.

1006(c) 37:310c-1. Oct. 5, 1949, ch. 600,

Sec. 2, 63 Stat. 704;

redesignated as section

3, Aug. 30, 1961, Pub.

L. 87-188, Sec. 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" to reflect the

section of this revised title which restates that section. The

words "dependents of members of the armed forces" are substituted

for the words "military dependents." The words "at a place" are

omitted as surplusage.

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".

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-296 substituted "Secretary of

Homeland Security" for "Secretary of Transportation".

1998 - Subsec. (e). Pub. L. 105-261 designated existing

provisions as par. (1) and added par. (2).

1993 - Subsec. (c). Pub. L. 103-160 substituted "the Secretary of

Defense" for "the President" in first sentence.

1992 - Subsec. (c). Pub. L. 102-484 inserted first four sentences

and struck out former first and second sentences which read as

follows: "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

President, of not more than two months' basic pay may be made

directly to his previously designated dependents who 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), and may be made only

if all dependents of members of the uniformed services are ordered

evacuated from the place where the member's dependents are

located."

1991 - Subsec. (c). Pub. L. 102-25 struck out "of this section"

after "subsection (a) or (b)".

Subsec. (d). Pub. L. 102-25 struck out "of this section" after

"subsection (a), (b), or (c)".

Subsec. (e). Pub. L. 102-25 struck out "of this section" after

"subsections (a)-(d)".

1986 - Subsec. (j). Pub. L. 99-661 added subsec. (j).

1985 - Subsec. (h). Pub. L. 99-145 substituted "subsections (a)

and (b) of section 3324" for "section 3324(a) and (b)".

1982 - Subsec. (h). Pub. L. 97-258 substituted "section 3324(a)

and (b) of title 31" for "section 3648 of the Revised Statutes (31

U.S.C. 529)" after "Notwithstanding".

1981 - Subsec. (i). Pub. L. 97-60 added subsec. (i).

1980 - Subsec. (a). Pub. L. 96-343 inserted provision authorizing

an advance payment of the amount of an allotment made from the pay

of a member of the uniformed services to a dependent if the member

is scheduled for duty with a unit deployed outside the United

States and the allotment is made not more than 60 days before the

scheduled date of the assignment.

Pub. L. 96-215, Sec. 3(1), substituted "a uniformed service" for

"an armed force or of the Public Health Service".

Subsec. (b). Pub. L. 96-215, Sec. 3(1), substituted "a uniformed

service" for "an armed force or of the Public Health Service".

Subsec. (c). Pub. L. 96-215, Sec. 3(1), (2), substituted "a

uniformed service" for "an armed force or of the Public Health

Service" and "members of the uniformed services" for "members of

the armed forces or of the Public Health Service".

Subsec. (d). Pub. L. 96-215, Sec. 3(3), substituted "from his

uniformed service" for "from his armed force or from the Public

Health Service".

Subsec. (e). Pub. L. 96-215, Sec. 3(4), substituted "uniformed

services" for "armed forces and the Public Health Service".

Subsec. (h). Pub. L. 96-513 substituted "3648 of the Revised

Statutes (31 U.S.C. 529)" for "529 of title 31".

Pub. L. 96-215, Sec. 3(5), substituted "a uniformed service" for

"an armed force or of the Public Health Service".

1979 - Subsecs. (a) to (d) and (h). Pub. L. 96-76 inserted

reference to the Public Health Service.

1968 - Subsec. (a). Pub. L. 90-623, Sec. 3(9), substituted

"change of permanent station" for "permanent change of station".

Subsec. (f). Pub. L. 90-623, Sec. 3(1), substituted "Secretary of

Transportation" for "Secretary of the Treasury".

1966 - Subsec. (h). Pub. L. 89-718 redesignated as subsec. (h)

the subsection relating to advance payment of pay and allowances

when the last day of the pay period falls on a Saturday, Sunday, or

legal holiday, formerly designated as subsec. (g).

1965 - Subsec. (c). Pub. L. 89-26, Sec. 1(6)(A), empowered the

Secretary concerned or his designee to waive any right of recovery

of not more than one month's basic pay advanced if he finds that

recovery of the advance would be against equity and good conscience

or against the public interest.

Subsec. (g). Pub. L. 89-193 added subsec. (g) relating to the

payment of pay and allowances when the last day of the pay period

falls on a Saturday, Sunday, or legal holiday.

Pub. L. 89-26, Sec. 1(6)(B), added subsec. (g) relating to

advance payment of the dislocation allowance.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 602(b) of Pub. L. 102-484 provided that: "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

Section 602(b) of Pub. L. 99-661, as amended by Pub. L. 100-26,

Sec. 3(2), Apr. 21, 1987, 101 Stat. 273, provided that: "Subsection

(j) of section 1006 of title 37, United States Code, as added by

subsection (a), shall apply with respect to pay payable for months

beginning after the date of the enactment of this Act [Nov. 14,

1986]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section

314 of Pub. L. 96-76, set out as a note under section 206 of Title

42, The Public Health and Welfare.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-26 effective Feb. 1, 1965, see section 2

of Pub. L. 89-26, as amended, set out as an Effective Date note

under section 405a of this title.

-TRANS-

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, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

FISCAL YEAR OF RECORDATION OF OBLIGATIONS

Pub. L. 94-212, title VII, Sec. 744, Feb. 9, 1976, 90 Stat. 175,

provided that: "Obligations hereafter incurred for advance payments

of pay and allowances pursuant to section 1006 of title 37, United

States Code, shall be recorded as obligations only in the fiscal

year in which such payments are earned."

-End-

-CITE-

37 USC Sec. 1007 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1007. Deductions from pay

-STATUTE-

(a) The pay of an officer of an armed force may be withheld,

under section 5512 of title 5, only for an indebtedness to the

United States admitted by the officer or shown by the judgment of a

court, or upon a special order issued in the discretion of the

Secretary of Defense (or the Secretary of Homeland Security, in the

case of an officer of the Coast Guard when the Coast Guard is not

operating as a service in the Navy), or upon the denial of relief

of an officer pursuant to section 3527 of title 31.

(b) An amount due to the United States from an enlisted member of

the Army or the Air Force for articles sold to him 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 him after the sale is

reported.

(c) 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 his pay in monthly installments. However,

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 for any month to less than one-third of

his pay for that month.

(d) Subject to subsection (c), an amount due the United States

from an enlisted member of the Army or the Air Force may be

deducted from his pay on final statement, or from his 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, or Marine Corps, 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 or the Air 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 his

monthly pay, unless he 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 he

was not at fault.

(g) An amount due the United States from an officer of the Army

or the Air 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, after consultation with the Armed

Forces Retirement Home Board, 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) In this subsection, the term "armed forces" does not include

the Coast Guard when it is not operating as a service in the Navy.

(5) This subsection does not apply to an enlisted member, warrant

officer, or limited duty officer of a reserve component.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 491; Pub. L. 89-718, Secs.

71, 72, Nov. 2, 1966, 80 Stat. 1124; Pub. L. 90-83, Sec. 5(3),

Sept. 11, 1967, 81 Stat. 221; Pub. L. 98-525, title XIII, Sec.

1305, Oct. 19, 1984, 98 Stat. 2613; Pub. L. 99-145, title VI, Sec.

684, Nov. 8, 1985, 99 Stat. 666; Pub. L. 100-180, div. A, title VI,

Sec. 633(a), Dec. 4, 1987, 101 Stat. 1105; Pub. L. 101-189, div. A,

title III, Sec. 343(a), Nov. 29, 1989, 103 Stat. 1420; Pub. L.

101-510, div. A, title XV, Sec. 1533(b), Nov. 5, 1990, 104 Stat.

1735; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991,

105 Stat. 117; Pub. L. 102-484, div. A, title X, Sec. 1054(a)(7),

Oct. 23, 1992, 106 Stat. 2502; Pub. L. 103-337, div. A, title III,

Sec. 371(a), Oct. 5, 1994, 108 Stat. 2735; Pub. L. 104-106, div. A,

title IX, Sec. 913(c)(2), Feb. 10, 1996, 110 Stat. 411; Pub. L.

104-201, div. A, title X, Sec. 1009(c)(1), Sept. 23, 1996, 110

Stat. 2635; Pub. L. 106-65, div. A, title X, Sec. 1066(d)(5), Oct.

5, 1999, 113 Stat. 773; Pub. L. 107-296, title XVII, Sec. 1704(c),

Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107-314, div. A, title X,

Sec. 1006(b), Dec. 2, 2002, 116 Stat. 2633.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section 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.]

--------------------------------------------------------------------

PRIOR PROVISIONS

Provisions similar to those in subsec. (i) of this section were

contained in section 44c of Title 24, Hospitals and Asylums, prior

to repeal by Pub. L. 101-189, Sec. 347(4).

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

Subsec. (e). Pub. L. 107-314 substituted "Army, Navy, Air Force,

or Marine Corps" for "Army or the Air Force".

1999 - Subsec. (b). Pub. L. 106-65 struck out at end "An amount

due the United States from an enlisted member of the Army or the

Air Force for tobacco sold to him by the United States under

section 4623 or 9623 of title 10 shall be deducted from his pay in

the manner provided for the settlement of clothing accounts."

1996 - Subsec. (a). Pub. L. 104-201 inserted "(or the Secretary

of Transportation, in the case of an officer of the Coast Guard

when the Coast Guard is not operating as a service in the Navy)"

after "Secretary of Defense".

Pub. L. 104-106 substituted "Secretary of Defense, or upon the

denial of relief of an officer pursuant to section 3527 of title

31" for "Secretary concerned".

1994 - Subsec. (i)(1). Pub. L. 103-337 substituted "$1.00" for

"50 cents".

1992 - Subsec. (i)(3). Pub. L. 102-484 substituted ", warrant

officers, and limited duty officers" for "and warrant officers".

1991 - Subsec. (d). Pub. L. 102-25 struck out "of this section"

after "subsection (c)".

1990 - Subsec. (i)(1). Pub. L. 101-510, Sec. 1533(b)(1),

substituted ", warrant officer, and limited duty officer" for "and

warrant officer".

Subsec. (i)(2). Pub. L. 101-510, Sec. 1533(b)(2), added par. (2)

and struck out former par. (2) which read as follows: "Amounts

deducted under paragraph (1) shall be -

"(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. 101-510, Sec. 1533(b)(1), which

directed amendment of subpar. (B) by substituting ", warrant

officer, and limited duty officer" for "and warrant officer", could

not be executed because the words "and warrant officer" did not

appear.

Subsec. (i)(3). Pub. L. 101-510, Sec. 1533(b)(3), substituted

"Armed Forces Retirement Home Board" for "Governor of the Naval

Home and the board of commissioners for the United States Soldiers'

and Airmen's Home" and "of the Armed Forces Retirement Home" for

"of the homes".

Pub. L. 101-510, Sec. 1533(b)(1), which directed amendment of

par. (3) by substituting ", warrant officer, and limited duty

officer" for "and warrant officer", could not be executed because

the words "and warrant officer" did not appear.

Subsec. (i)(5). Pub. L. 101-510, Sec. 1533(b)(4), substituted ",

warrant officer, or limited duty officer" for "or warrant officer".

1989 - Subsec. (i). Pub. L. 101-189 added subsec. (i).

1987 - Subsec. (h). Pub. L. 100-180 added subsec. (h).

1985 - Subsec. (c). Pub. L. 99-145 substituted "uniformed

services" for "armed forces".

1984 - Subsec. (c). Pub. L. 98-525 substituted "a member of the

armed forces" for "an enlisted member of the Army or the Air

Force".

1967 - Subsec. (b). Pub. L. 90-83 struck out requirement that, in

case of a member of the Army, the report be made to Chief of

Finance.

1966 - Subsec. (a). Pub. L. 89-718, Sec. 71, substituted "section

5512 of title 5" for "section 82 of title 5".

Subsec. (c). Pub. L. 89-718, Sec. 72, substituted "pay" for

"basic pay" as the amount which cannot be reduced below one-third

through deductions from enlisted men of the Army or Air Force who

have been administratively determined to owe the United States,

payable by deductions in monthly installments.

EFFECTIVE DATE OF 2002 AMENDMENTS

Amendment by Pub. L. 107-314 applicable with respect to loss,

spoilage, unserviceability, unsuitability, or destruction of, or

damage to, property of United States under control of Department of

Defense occurring on or after effective date of regulations

prescribed pursuant to section 2787 of Title 10, Armed Forces, see

section 1006(d) of Pub. L. 107-314, set out as an Effective Date

note under section 2787 of Title 10.

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 371(d)(1) of Pub. L. 103-337 provided that: "(1) The

amendment made by subsection (a) [amending this section] shall take

effect on January 1, 1995, and apply to years that begin on or

after that date."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 effective one year after Nov. 5,

1990, see section 1541 of Pub. L. 101-510, formerly set out as an

Effective Date note under section 401 of Title 24, Hospitals and

Asylums.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 343(b) of Pub. L. 101-189 provided that:

"(1) Except as provided in paragraph (2), subsection (i) of

section 1007 of title 37, United States Code, as added by

subsection (a), shall take effect on the first day of the first

month beginning after the date of the enactment of this Act [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

Section 633(b) of Pub. L. 100-180 provided that: "Subsection (h)

of section 1007 of title 37, United States Code (as added by

subsection (a)), shall apply with respect to debts incurred by

members of the uniformed services after the date of the enactment

of this Act [Dec. 4, 1987]."

-TRANS-

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, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5514; title 10

section 1055; title 24 section 419.

-End-

-CITE-

37 USC Sec. 1008 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1008. Presidential recommendations concerning adjustments and

changes in pay and allowances

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 89-132, Sec. 2(a), Aug. 21, 1965, 79 Stat. 546;

amended Pub. L. 104-106, div. A, title VI, Sec. 642(b), Feb. 10,

1996, 110 Stat. 368.)

-MISC1-

AMENDMENTS

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."

EFFECTIVE DATE

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.

-EXEC-

DELEGATION OF REPORTING FUNCTION

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.

-End-

-CITE-

37 USC Sec. 1009 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1009. Adjustments of monthly basic pay

-STATUTE-

(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) Equal Percentage Increase for All Members. - (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.

-SOURCE-

(Added Pub. L. 93-419, Sec. 4, Sept. 19, 1974, 88 Stat. 1152;

amended Pub. L. 94-361, title III, Sec. 303, July 14, 1976, 90

Stat. 925; Pub. L. 96-342, title VIII, Sec. 803, Sept. 8, 1980, 94

Stat. 1091; Pub. L. 96-513, title V, Sec. 516(24), Dec. 12, 1980,

94 Stat. 2939; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2), (c),

Apr. 6, 1991, 105 Stat. 117; Pub. L. 104-106, div. A, title VI,

Sec. 642(c), Feb. 10, 1996, 110 Stat. 368; Pub. L. 105-85, div. A,

title VI, Secs. 604(a)(1), 605, Nov. 18, 1997, 111 Stat. 1783,

1784; Pub. L. 106-65, div. A, title VI, Sec. 602(a), Oct. 5, 1999,

113 Stat. 649.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsecs. (b)(2), (c)(1), and

(d)(2)(B), is set out under section 5332 of Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-65 designated existing provisions

as par. (1) and added par. (2).

1997 - Pub. L. 105-85, Sec. 604(a)(1), amended section generally.

Prior to amendment, section consisted of subsecs. (a) to (f)

relating to adjustments of compensation for members of the

uniformed services.

Subsecs. (f), (g). Pub. L. 105-85, Sec. 605, added subsec. (f)

and redesignated former subsec. (f) as (g).

1996 - Subsec. (f). Pub. L. 104-106 struck out ", and a full

report shall be made to the Congress summarizing the objectives and

results of those allocations" after "of this title".

1991 - Subsecs. (b)(3), (c) to (e). Pub. L. 102-25 struck out "of

this section" and "of this subsection" wherever appearing.

1980 - Subsec. (a). Pub. L. 96-513, Sec. 516(24)(A), struck out

", United States Code," after "5".

Subsec. (b)(2). Pub. L. 96-513, Sec. 516(24)(B), struck out

reference to section 8 of the Act of Dec. 16, 1967 (Pub. L.

90-207).

Subsec. (b)(3). Pub. L. 96-513, Sec. 803(1), substituted

"subsections (c) and (d) of this section" for "subsection (c)".

Subsec. (c). Pub. L. 96-342, Sec. 803(2), (3), redesignated

existing provision as par. (1), inserted "of this section" after

"subsection (b)(3)" in two places and after "subsection (a)",

substituted "75 percent" for "75 per centum", redesignated subsec.

(d) as par. (2), substituted "under paragraph (1) of this

subsection" for "under subsection (c)" in two places, inserted "of

this section" after "subsection (a)", "subsection (c)", and

"subsection (b)(3)", respectively, and "of this title" after

"section 403(b) or (c)" in two places.

Subsec. (d). Pub. L. 96-342, Sec. 803(3), (4), added subsec. (d)

and redesignated former subsec. (d) as (c)(2).

Subsec. (e). Pub. L. 96-342, Sec. 803(5), inserted "or (d) of

this section" after "subsection (c)" and struck out "among the

different elements of compensation" after "allocation of such

increase".

Subsec. (f). Pub. L. 96-342, Sec. 803(6), struck out "among the

three elements of compensation" after "under this section" and

inserted "of this title" after "section 1008(b)".

1976 - Subsec. (b)(3). Pub. L. 94-361, Sec. 303(a), inserted

introductory phrase "subject to subsection (c),".

Subsecs. (c) to (f). Pub. L. 94-361, Sec. 303(b), added subsecs.

(c) to (f).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 602(b), Oct. 5, 1999, 113

Stat. 649, provided that: "The amendments made by subsection (a)

[amending this section] shall take effect on October 1, 2000."

EFFECTIVE DATE OF 1997 AMENDMENT

Section 604(b) of Pub. L. 105-85 provided that: "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. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE

Section 9 of Pub. L. 93-419 provided that: "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 FOR FISCAL YEAR 2003

Pub. L. 107-314, div. A, title VI, Sec. 601, Dec. 2, 2002, 116

Stat. 2563, provided that:

"(a) Waiver of Section 1009 Adjustment. - The adjustment to

become effective during fiscal year 2003 required by section 1009

of title 37, United States Code, in the rates of monthly basic pay

authorized members of the uniformed services shall not be made.

"(b) Increase in Basic Pay. - Effective on January 1, 2003, the

rates of monthly basic pay for members of the uniformed services

within each pay grade are as follows:

COMMISSIONED OFFICERS (!1)

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

O-10(!2) $0.00 $0.00 $0.00 $0.00 $0.00

O-9 0.00 0.00 0.00 0.00 0.00

O-8 7,474.50 7,719.30 7,881.60 7,927.20 8,129.40

O-7 6,210.90 6,499.20 6,633.00 6,739.20 6,930.90

O-6 4,603.20 5,057.10 5,388.90 5,388.90 5,409.60

O-5 3,837.60 4,323.00 4,622.40 4,678.50 4,864.80

O-4 3,311.10 3,832.80 4,088.70 4,145.70 4,383.00

O-3(!3) 2,911.20 3,300.30 3,562.20 3,883.50 4,069.50

O-2(!3) 2,515.20 2,864.70 3,299.40 3,410.70 3,481.20

O-1(!3) 2,183.70 2,272.50 2,746.80 2,746.80 2,746.80

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

O-10(!2) $0.00 $0.00 $0.00 $0.00 $0.00

O-9 0.00 0.00 0.00 0.00 0.00

O-8 8,468.70 8,547.30 8,868.90 8,961.30 9,238.20

O-7 7,120.80 7,340.40 7,559.40 7,779.00 8,468.70

O-6 5,641.20 5,672.10 5,672.10 5,994.60 6,564.30

O-5 4,977.00 5,222.70 5,403.00 5,635.50 5,991.90

O-4 4,637.70 4,954.50 5,201.40 5,372.70 5,471.10

O-3(!3) 4,273.50 4,405.80 4,623.30 4,736.10 4,736.10

O-2(!3) 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20

O-1(!3) 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

O-10(!2) $0.00 $12,077.70 $12,137.10 $12,389.40 $12,8

29.20

O-9 0.00 10,563.60 10,715.70 10,935.60 11,319.60

O-8 9,639.00 10,008.90 10,255.80 10,255.80 10,255.80

O-7 9,051.30 9,051.30 9,051.30 9,051.30 9,096.90

O-6 6,898.80 7,233.30 7,423.50 7,616.10 7,989.90

O-5 6,161.70 6,329.10 6,519.60 6,519.60 6,519.60

O-4 5,528.40 5,528.40 5,528.40 5,528.40 5,528.40

O-3(!3) 4,736.10 4,736.10 4,736.10 4,736.10 4,736.10

O-2(!3) 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20

O-1(!3) 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80

(!1) Notwithstanding the basic pay rates specified in this table,

the actual rate of basic pay for commissioned officers in pay

grades 0[O]-7 through O-10 may not exceed the rate of pay for level

III of the Executive Schedule and the actual rate of basic pay for

all other officers may not exceed the rate of pay for level V of

the Executive Schedule.

(!2) Subject to the preceding footnote, the rate of basic pay for

an officer in this grade while serving as Chairman or Vice Chairman

of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of

Naval Operations, Chief of Staff of the Air Force, Commandant of

the Marine Corps, or Commandant of the Coast Guard is $14,155.50,

regardless of cumulative years of service computed under section

205 of title 37, United States Code.

(!3) This table does not apply to commissioned officers in pay

grade O-1, O-2, or O-3 who have been credited with over 4 years of

active duty service as an enlisted member or warrant officer.

--------------------------------------------------------------------

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS

AN ENLISTED MEMBER OR WARRANT OFFICER

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

O-3E $0.00 $0.00 $0.00 $3,883.50 $4,069.50

O-2E 0.00 0.00 0.00 3,410.70 3,481.20

O-1E 0.00 0.00 0.00 2,746.80 2,933.70

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

O-3E $4,273.50 $4,405.80 $4,623.30 $4,806.30 $4,911.00

O-2E 3,591.90 3,778.80 3,923.40 4,031.10 4,031.10

O-1E 3,042.00 3,152.70 3,261.60 3,410.70 3,410.70

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

O-3E $5,054.40 $5,054.40 $5,054.40 $5,054.40 $5,054.40

O-2E 4,031.10 4,031.10 4,031.10 4,031.10 4,031.10

O-1E 3,410.70 3,410.70 3,410.70 3,410.70 3,410.70

--------------------------------------------------------------------

WARRANT OFFICERS (!1)

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

W-5 $0.00 $0.00 $0.00 $0.00 $0.00

W-4 3,008.10 3,236.10 3,329.10 3,420.60 3,578.10

W-3 2,747.10 2,862.00 2,979.30 3,017.70 3,141.00

W-2 2,416.50 2,554.50 2,675.10 2,763.00 2,838.30

W-1 2,133.90 2,308.50 2,425.50 2,501.10 2,662.50

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

W-5 $0.00 $0.00 $0.00 $0.00 $0.00

W-4 3,733.50 3,891.00 4,044.60 4,203.60 4,356.00

W-3 3,281.70 3,467.40 3,580.50 3,771.90 3,915.60

W-2 2,993.10 3,148.50 3,264.00 3,376.50 3,453.90

W-1 2,782.20 2,888.40 3,006.90 3,085.20 3,203.40

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

W-5 $0.00 $5,169.30 $5,346.60 $5,524.50 $5,703.30

W-4 4,512.00 4,664.40 4,822.50 4,978.20 5,137.50

W-3 4,058.40 4,201.50 4,266.30 4,407.00 4,548.00

W-2 3,579.90 3,705.90 3,831.00 3,957.30 3,957.30

W-1 3,320.70 3,409.50 3,409.50 3,409.50 3,409.50

(!1) Notwithstanding the basic pay rates specified in this table,

the actual rate of basic pay for warrant officers may not exceed

the rate of pay for level V of the Executive Schedule.

--------------------------------------------------------------------

ENLISTED MEMBERS (!1)

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

E-9(!2) $0.00 $0.00 $0.00 $0.00 $0.00

E-8 0.00 0.00 0.00 0.00 0.00

E-7 2,068.50 2,257.80 2,343.90 2,428.20 2,516.40

E-6 1,770.60 1,947.60 2,033.70 2,117.10 2,204.10

E-5 1,625.40 1,733.70 1,817.40 1,903.50 2,037.00

E-4 1,502.70 1,579.80 1,665.30 1,749.30 1,824.00

E-3 1,356.90 1,442.10 1,528.80 1,528.80 1,528.80

E-2 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00

E-1 (!3) 1,150.80 1,150.80 1,150.80 1,150.80

1,150.80

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

E-9(!2) $0.00 $3,564.30 $3,645.00 $3,747.00 $3,867.00

E-8 2,975.40 3,061.20 3,141.30 3,237.60 3,342.00

E-7 2,667.90 2,753.40 2,838.30 2,990.40 3,066.30

E-6 2,400.90 2,477.40 2,562.30 2,636.70 2,663.10

E-5 2,151.90 2,236.80 2,283.30 2,283.30 2,283.30

E-4 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00

E-3 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80

E-2 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00

E-1 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

E-9(!2) $3,987.30 $4,180.80 $4,344.30 $4,506.30 $4,757.40

E-8 3,530.10 3,625.50 3,787.50 3,877.50 4,099.20

E-7 3,138.60 3,182.70 3,331.50 3,427.80 3,671.40

E-6 2,709.60 2,709.60 2,709.60 2,709.60 2,709.60

E-5 2,283.30 2,283.30 2,283.30 2,283.30 2,283.30

E-4 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00

E-3 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80

E-2 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00

E-1 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80

(!1) Notwithstanding the basic pay rates specified in this table,

the actual rate of basic pay for enlisted members may not exceed

the rate of pay for level V of the Executive Schedule.

(!2) Subject to the preceding footnote, the rate of basic pay for

an enlisted member in this 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, basic pay is

$5,732.70, regardless of cumulative years of service computed under

section 205 of title 37, United States Code.

(!3) In the case of members in pay grade E-1 who have served less

than 4 months on active duty, the rate of basic pay is $1,064.70."

--------------------------------------------------------------------

INCREASE IN BASIC PAY FOR FISCAL YEAR 2002

Pub. L. 107-107, div. A, title VI, Sec. 601, Dec. 28, 2001, 115

Stat. 1129, provided that:

"(a) Waiver of Section 1009 Adjustment. - The adjustment to

become effective during fiscal year 2002 required by section 1009

of title 37, United States Code, in the rates of monthly basic pay

authorized members of the uniformed services shall not be made.

"(b) Increase in Basic Pay. - Effective on January 1, 2002, the

rates of monthly basic pay for members of the uniformed services

within each pay grade are as follows:

COMMISSIONED OFFICERS (!1)

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

O-10(!2) $0.00 $0.00 $0.00 $0.00 $0.00

O-9 0.00 0.00 0.00 0.00 0.00

O-8 7,180.20 7,415.40 7,571.10 7,614.90 7,809.30

O-7 5,966.40 6,371.70 6,371.70 6,418.20 6,657.90

O-6 4,422.00 4,857.90 5,176.80 5,176.80 5,196.60

O-5 3,537.00 4,152.60 4,440.30 4,494.30 4,673.10

O-4 3,023.70 3,681.90 3,927.60 3,982.50 4,210.50

O-3(!3) 2,796.60 3,170.40 3,421.80 3,698.70 3,875.70

O-2(!3) 2,416.20 2,751.90 3,169.50 3,276.30 3,344.10

O-1(!3) 2,097.60 2,183.10 2,638.50 2,638.50 2,638.50

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

O-10(!2) $0.00 $0.00 $0.00 $0.00 $0.00

O-9 0.00 0.00 0.00 0.00 0.00

O-8 8,135.10 8,210.70 8,519.70 8,608.50 8,874.30

O-7 6,840.30 7,051.20 7,261.80 7,472.70 8,135.10

O-6 5,418.90 5,448.60 5,448.60 5,628.60 6,305.70

O-5 4,673.10 4,813.50 5,073.30 5,413.50 5,755.80

O-4 4,395.90 4,696.20 4,930.20 5,092.50 5,255.70

O-3(!3) 4,070.10 4,232.40 4,441.20 4,549.50 4,549.50

O-2(!3) 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10

O-1(!3) 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

O-10(!2) $0.00 $11,601.90 $11,659.20 $11,901.30 $12,3

24.00

O-9 0.00 10,147.50 10,293.60 10,504.80 10,873.80

O-8 9,259.50 9,614.70 9,852.00 9,852.00 9,852.00

O-7 8,694.90 8,694.90 8,694.90 8,694.90 8,738.70

O-6 6,627.00 6,948.30 7,131.00 7,316.10 7,675.20

O-5 5,919.00 6,079.80 6,262.80 6,262.80 6,262.80

O-4 5,310.60 5,310.60 5,310.60 5,310.60 5,310.60

O-3(!3) 4,549.50 4,549.50 4,549.50 4,549.50 4,549.50

O-2(!3) 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10

O-1(!3) 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50

(!1) Notwithstanding the basic pay rates specified in this table,

the actual rate of basic pay for commissioned officers in pay

grades O-7 through O-10 may not exceed the rate of pay for level

III of the Executive Schedule and the actual rate of basic pay for

all other officers may not exceed the rate of pay for level V of

the Executive Schedule.

(!2) Subject to the preceding footnote, while serving as Chairman

or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of

the Army, Chief of Naval Operations, Chief of Staff of the Air

Force, Commandant of the Marine Corps, or Commandant of the Coast

Guard, the rate of basic pay for this grade is $13,598.10,

regardless of cumulative years of service computed under section

205 of title 37, United States Code.

(!3) This table does not apply to commissioned officers in pay

grade O-1, O-2, or O-3 who have been credited with over 4 years of

active duty service as an enlisted member or warrant officer.

--------------------------------------------------------------------

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS

AN ENLISTED MEMBER OR WARRANT OFFICER

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

O-3E $0.00 $0.00 $0.00 $3,698.70 $3,875.70

O-2E 0.00 0.00 0.00 3,276.30 3,344.10

O-1E 0.00 0.00 0.00 2,638.50 2,818.20

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

O-3E $4,070.10 $4,232.40 $4,441.20 $4,617.00 $4,717.50

O-2E 3,450.30 3,630.00 3,768.90 3,872.40 3,872.40

O-1E 2,922.30 3,028.50 3,133.20 3,276.30 3,276.30

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

O-3E $4,855.20 $4,855.20 $4,855.20 $4,855.20 $4,855.20

O-2E 3,872.40 3,872.40 3,872.40 3,872.40 3,872.40

O-1E 3,276.30 3,276.30 3,276.30 3,276.30 3,276.30

--------------------------------------------------------------------

WARRANT OFFICERS (!1)

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

W-5 $0.00 $0.00 $0.00 $0.00 $0.00

W-4 2,889.60 3,108.60 3,198.00 3,285.90 3,437.10

W-3 2,638.80 2,862.00 2,862.00 2,898.90 3,017.40

W-2 2,321.40 2,454.00 2,569.80 2,654.10 2,726.40

W-1 2,049.90 2,217.60 2,330.10 2,402.70 2,511.90

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

W-5 $0.00 $0.00 $0.00 $0.00 $0.00

W-4 3,586.50 3,737.70 3,885.30 4,038.00 4,184.40

W-3 3,152.40 3,330.90 3,439.50 3,558.30 3,693.90

W-2 2,875.20 2,984.40 3,093.90 3,200.40 3,318.00

W-1 2,624.70 2,737.80 2,850.00 2,963.70 3,077.10

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

W-5 $0.00 $4,965.60 $5,136.00 $5,307.00 $5,478.60

W-4 4,334.40 4,480.80 4,632.60 4,782.00 4,935.30

W-3 3,828.60 3,963.60 4,098.30 4,233.30 4,368.90

W-2 3,438.90 3,559.80 3,680.10 3,801.30 3,801.30

W-1 3,189.90 3,275.10 3,275.10 3,275.10 3,275.10

(!1) Notwithstanding the basic pay rates specified in this table,

the actual rate of basic pay for warrant officers may not exceed

the rate of pay for level V of the Executive Schedule.

--------------------------------------------------------------------

ENLISTED MEMBERS (!1)

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

E-9(!2) $0.00 $0.00 $0.00 $0.00 $0.00

E-8 0.00 0.00 0.00 0.00 0.00

E-7 1,986.90 2,169.00 2,251.50 2,332.50 2,417.40

E-6 1,701.00 1,870.80 1,953.60 2,033.70 2,117.40

E-5 1,561.50 1,665.30 1,745.70 1,828.50 1,912.80

E-4 1,443.60 1,517.70 1,599.60 1,680.30 1,752.30

E-3 1,303.50 1,385.40 1,468.50 1,468.50 1,468.50

E-2 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30

E-1(!3) 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

E-9(!2) $0.00 $3,423.90 $3,501.30 $3,599.40 $3,714.60

E-8 2,858.10 2,940.60 3,017.70 3,110.10 3,210.30

E-7 2,562.90 2,645.10 2,726.40 2,808.00 2,892.60

E-6 2,254.50 2,337.30 2,417.40 2,499.30 2,558.10

E-5 2,030.10 2,110.20 2,193.30 2,193.30 2,193.30

E-4 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30

E-3 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50

E-2 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30

E-1 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

E-9(!2) $3,830.40 $3,944.10 $4,098.30 $4,251.30 $4,467.00

E-8 3,314.70 3,420.30 3,573.00 3,724.80 3,937.80

E-7 2,975.10 3,057.30 3,200.40 3,292.80 3,526.80

E-6 2,602.80 2,602.80 2,602.80 2,602.80 2,602.80

E-5 2,193.30 2,193.30 2,193.30 2,193.30 2,193.30

E-4 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30

E-3 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50

E-2 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30

E-1 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50

(!1) Notwithstanding the basic pay rates specified in this table,

the actual rate of basic pay for enlisted members may not exceed

the rate of pay for level V of the Executive Schedule.

(!2) Subject to the preceding footnote, 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, basic pay

for this grade is $5,382.90, regardless of cumulative years of

service computed under section 205 of title 37, United States Code.

(!3) In the case of members in pay grade E-1 who have served less

than 4 months on active duty, the rate of basic pay is $1,022.70."

--------------------------------------------------------------------

MILITARY PAY RAISE FOR FISCAL YEAR 2001

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 601], Oct. 30,

2000, 114 Stat. 1654, 1654A-143, provided that:

"(a) Waiver of Section 1009 Adjustment. - The adjustment to

become effective during fiscal year 2001 required by section 1009

of title 37, United States Code, in the rates of monthly basic pay

authorized members of the uniformed services shall not be made.

"(b) Increase in Basic Pay. - Effective on January 1, 2001, the

rates of monthly basic pay for members of the uniformed services

are increased by 3.7 percent."

ADDITIONAL RESTRUCTURING OF BASIC PAY RATES FOR ENLISTED MEMBERS

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 602], Oct. 30,

2000, 114 Stat. 1654, 1654A-143, provided that:

"(a) Minimum Pay Increases for Mid-Level Enlisted Grades. - (1)

Subject to paragraph (2), effective on July 1, 2001, the rates of

monthly basic pay for enlisted members of the Armed Forces in the

pay grades E-7, E-6, and E-5 shall be as follows:

ENLISTED MEMBERS

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

E-7 1,831.20 1,999.20 2,075.10 2,149.80 2,228.10

E-6 1,575.00 1,740.30 1,817.40 1,891.80 1,969.80

E-5 1,381.80 1,549.20 1,623.90 1,701.00 1,779.30

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

E-7 2,362.20 2,437.80 2,512.80 2,588.10 2,666.10

E-6 2,097.30 2,174.10 2,248.80 2,325.00 2,379.60

E-5 1,888.50 1,962.90 2,040.30 2,040.30 2,040.30

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

E-7 2,742.00 2,817.90 2,949.60 3,034.80 3,250.50

E-6 2,421.30 2,421.30 2,421.30 2,421.30 2,421.30

E-5 2,040.30 2,040.30 2,040.30 2,040.30 2,040.30

--------------------------------------------------------------------

"(2) The amounts specified in the table in paragraph (1) are

subject to such revision as the Secretary of Defense and the

Secretary of Transportation may prescribe under subsection

(b)(1)(A).

"(b) Secretarial Authority To Further Revise. - (1) To ensure the

efficient and effective operation of the military pay system, the

Secretary of Defense, and the Secretary of Transportation with

regard to the Coast Guard, may -

"(A) further increase any of the amounts specified in the table

in subsection (a) for enlisted members of the Armed Forces in the

pay grades E-7, E-6, and E-5; and

"(B) increase any of the amounts specified for other enlisted

members in the table under the heading 'ENLISTED MEMBERS' in

section 601(c) of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106-65; 113 Stat. 648) [set out

below], as adjusted on January 1, 2001, pursuant to section

601(b) of this Act [set out above].

"(2) The revisions in monthly basic pay made by the Secretary of

Defense and the Secretary of Transportation under paragraph (1)

shall take effect on July 1, 2001, but only if the Secretaries also

comply with paragraph (3).

"(3) If the Secretary of Defense or the Secretary of

Transportation exercises the authority provided by paragraph (1),

the Secretaries shall include, in the budget justification

materials submitted to Congress in support of the President's

budget submitted under section 1105 of title 31, United States

Code, for fiscal year 2002 -

"(A) a revised pay table for enlisted members of the Armed

Forces to reflect the increases in monthly basic pay to take

effect on July 1, 2001; and

"(B) a description of the various increases made and the

reasons therefor."

FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY AND REFORM OF BASIC

PAY RATES

Pub. L. 106-65, div. A, title VI, Sec. 601(a)-(c), Oct. 5, 1999,

113 Stat. 645, as amended by Pub. L. 106-398, Sec. 1 [[div. A],

title X, Sec. 1087(c)(1)(C)], Oct. 30, 2000, 114 Stat. 1654,

1654A-292, provided that:

"(a) Waiver of Section 1009 Adjustment. - The adjustment to

become effective during fiscal year 2000 required by section 1009

of title 37, United States Code, in the rates of monthly basic pay

authorized members of the uniformed services shall not be made.

"(b) January 1, 2000, Increase in Basic Pay. - Effective on

January 1, 2000, the rates of monthly basic pay for members of the

uniformed services are increased by 4.8 percent.

"(c) Reform of Basic Pay Rates. - Effective on July 1, 2000, the

rates of monthly basic pay for members of the uniformed services

within each pay grade are as follows:

COMMISSIONED OFFICERS (!1)

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

O-10(!2) $0.00 $0.00 $0.00 $0.00 $0.00

O-9 0.00 0.00 0.00 0.00 0.00

O-8 6,594.30 6,810.30 6,953.10 6,993.30 7,171.80

O-7 5,479.50 5,851.80 5,851.80 5,894.40 6,114.60

O-6 4,061.10 4,461.60 4,754.40 4,754.40 4,772.40

O-5 3,248.40 3,813.90 4,077.90 4,127.70 4,291.80

O-4 2,737.80 3,333.90 3,556.20 3,606.00 3,812.40

O-3(!3) 2,544.00 2,884.20 3,112.80 3,364.80 3,525.90

O-2(!3) 2,218.80 2,527.20 2,910.90 3,009.00 3,071.10

O-1(!3) 1,926.30 2,004.90 2,423.10 2,423.10 2,423.10

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

O-10(!2) $0.00 $0.00 $0.00 $0.00 $0.00

O-9 0.00 0.00 0.00 0.00 0.00

O-8 7,471.50 7,540.80 7,824.60 7,906.20 8,150.10

O-7 6,282.00 6,475.80 6,669.00 6,863.10 7,471.50

O-6 4,976.70 5,004.00 5,004.00 5,169.30 5,791.20

O-5 4,291.80 4,420.80 4,659.30 4,971.90 5,286.00

O-4 3,980.40 4,252.50 4,464.00 4,611.00 4,758.90

O-3(!3) 3,702.60 3,850.20 4,040.40 4,139.10 4,139.10

O-2(!3) 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10

O-1(!3) 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

O-10(!2) $0.00 $10,655.10 $10,707.60 $10,930.20 $11,3

18.40

O-9 0.00 9,319.50 9,453.60 9,647.70 9,986.40

O-8 8,503.80 8,830.20 9,048.00 9,048.00 9,048.00

O-7 7,985.40 7,985.40 7,985.40 7,985.40 8,025.60

O-6 6,086.10 6,381.30 6,549.00 6,719.10 7,049.10

O-5 5,436.00 5,583.60 5,751.90 5,751.90 5,751.90

O-4 4,808.70 4,808.70 4,808.70 4,808.70 4,808.70

O-3(!3) 4,139.10 4,139.10 4,139.10 4,139.10 4,139.10

O-2(!3) 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10

O-1(!3) 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10

(!1) Notwithstanding the pay rates specified in this table, the

actual basic pay for commissioned officers in grades O-7 through

O-10 may not exceed the rate of pay for level III of the Executive

Schedule and the actual basic pay for all other officers, including

warrant officers, may not exceed the rate of pay for level V of the

Executive Schedule.

(!2) Subject to the preceding footnote, while serving as Chairman

or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of

the Army, Chief of Naval Operations, Chief of Staff of the Air

Force, Commandant of the Marine Corps, or Commandant of the Coast

Guard, basic pay for this grade is calculated to be $12,488.70,

regardless of cumulative years of service computed under section

205 of title 37, United States Code.

(!3) This table does not apply to commissioned officers in the

grade O-1, O-2, or O-3 who have been credited with over 4 years of

active duty service as an enlisted member or warrant officer.

--------------------------------------------------------------------

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS

AN ENLISTED MEMBER OR WARRANT OFFICER

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

O-3E $0.00 $0.00 $0.00 $3,364.80 $3,525.90

O-2E 0.00 0.00 0.00 3,009.00 3,071.10

O-1E 0.00 0.00 0.00 2,423.10 2,588.40

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

O-3E $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80

O-2E 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20

O-1E 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

O-3E $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90

O-2E 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20

O-1E 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00

--------------------------------------------------------------------

WARRANT OFFICERS

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

W-5 $0.00 $0.00 $0.00 $0.00 $0.00

W-4 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40

W-3 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30

W-2 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10

W-1 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

W-5 $0.00 $0.00 $0.00 $0.00 $0.00

W-4 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60

W-3 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20

W-2 2,555.40 2,652.60 2,749.80 2,844.30 2,949.00

W-1 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

W-5 $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40

W-4 3,888.00 4,019.40 4,155.60 4,289.70 4,427.10

W-3 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90

W-2 3,056.40 3,163.80 3,270.90 3,378.30 3,378.30

W-1 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90

--------------------------------------------------------------------

ENLISTED MEMBERS (!1)

YEARS OF SERVICE COMPUTED UNDER SECTION 205 OF TITLE 37, UNITED

STATES CODE

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

E-9(!2) $0.00 $0.00 $0.00 $0.00 $0.00

E-8 0.00 0.00 0.00 0.00 0.00

E-7 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70

E-6 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30

E-5 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50

E-4 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90

E-3 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90

E-2 1,123.20 1,127.40 1,127.40 1,127.40 1,127.40

E-1 (!3) 1,005.60 1,005.60 1,005.60 1,005.60

1,005.60

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

E-9(!2) $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50

E-8 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10

E-7 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00

E-6 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60

E-5 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20

E-4 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90

E-3 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90

E-2 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40

E-1 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

E-9(!2) $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.90

E-8 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60

E-7 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40

E-6 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70

E-5 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20

E-4 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90

E-3 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90

E-2 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40

E-1 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60

(!1) Notwithstanding the pay rates specified in this table, the

actual basic pay for enlisted members may not exceed the rate of

pay for level V of the Executive Schedule.

(!2) Subject to the preceding footnote, 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, basic pay

for this grade is $4,719.00, regardless of cumulative years of

service computed under section 205 of title 37, United States Code.

(!3) In the case of members in the grade E-1 who have served less

than 4 months on active duty, basic pay is $930.30."

--------------------------------------------------------------------

MILITARY PAY RAISE FOR FISCAL YEAR 1999

Pub. L. 105-261, div. A, title VI, Sec. 601, Oct. 17, 1998, 112

Stat. 2036, provided that:

"(a) Waiver of Section 1009 Adjustment. - Except as provided in

subsection (b), the adjustment to become effective during fiscal

year 1999 required by section 1009 of title 37, United States Code,

in the rate of monthly basic pay authorized members of the

uniformed services by section 203(a) of such title shall not be

made.

"(b) Increase in Basic Pay. - Effective on January 1, 1999, the

rates of basic pay of members of the uniformed services shall be

increased by the greater of -

"(1) 3.6 percent; or

"(2) the percentage increase determined under subsection (c) of

section 1009 of title 37, United States Code, by which the

monthly basic pay of members would be adjusted under subsection

(a) of that section on that date in the absence of subsection (a)

of this section."

MILITARY PAY RAISE FOR FISCAL YEAR 1998

Section 601 of Pub. L. 105-85 provided that:

"(a) Waiver of Section 1009 Adjustment. - The adjustment, to

become effective during fiscal year 1998, required by section 1009

of title 37, United States Code (as amended by section 604), in the

rate of monthly basic pay authorized members of the uniformed

services by section 203(a) of such title shall not be made.

"(b) Increase in Basic Pay. - Effective on January 1, 1998, the

rates of basic pay of members of the uniformed services are

increased by 2.8 percent."

MILITARY PAY RAISE FOR FISCAL YEAR 1997

Pub. L. 104-201, div. A, title VI, Sec. 601, Sept. 23, 1996, 110

Stat. 2539, provided that:

"(a) Waiver of Section 1009 Adjustment. - Any adjustment required

by section 1009 of title 37, United States Code, in elements of

compensation of members of the uniformed services to become

effective during fiscal year 1997 shall not be made.

"(b) Increase in Basic Pay and BAS. - Effective on January 1,

1997, the rates of basic pay and basic allowance for subsistence of

members of the uniformed services are increased by 3.0 percent.

"(c) Increase in BAQ. - Effective on January 1, 1997, the rates

of basic allowance for quarters of members of the uniformed

services are increased by 4.6 percent."

MILITARY PAY RAISE FOR FISCAL YEAR 1996

Section 601 of Pub. L. 104-106 provided that:

"(a) Rescission of Prior Section 1009 Adjustment. - The

adjustment made as of January 1, 1996, pursuant to section 4 of

Executive Order No. 12984 (issued December 28, 1995) [5 U.S.C. 5332

note], in elements of compensation of members of the uniformed

services pursuant to section 1009 of title 37, United States Code,

is hereby rescinded.

"(b) Increase in Basic Pay and BAS. - The rates of basic pay and

basic allowance for subsistence of members of the uniformed

services, as in effect on December 31, 1995, are hereby increased

by 2.4 percent.

"(c) Increase in BAQ. - The rates of basic allowance for quarters

of members of the uniformed services, as in effect on December 31,

1995, are hereby increased by 5.2 percent.

"(d) Effective Date. - This section shall take effect as of

January 1, 1996."

MILITARY PAY RAISE FOR FISCAL YEAR 1995

Pub. L. 103-337, div. A, title VI, Sec. 601(a), (b), Oct. 5,

1994, 108 Stat. 2779, provided that:

"(a) Waiver of Section 1009 Adjustment. - Any adjustment required

by section 1009 of title 37, United States Code, in elements of

compensation of members of the uniformed services to become

effective during fiscal year 1995 shall not be made.

"(b) Increase in Basic Pay, BAS, and BAQ. - Effective on January

1, 1995, the rates of basic pay, basic allowance for subsistence,

and basic allowance for quarters of members of the uniformed

services are increased by 2.6 percent."

MILITARY PAY RAISE FOR FISCAL YEAR 1994

Pub. L. 103-160, div. A, title VI, Sec. 601, Nov. 30, 1993, 107

Stat. 1677, provided that:

"(a) Waiver of Section 1009 Adjustment. - Any adjustment required

by section 1009 of title 37, United States Code, in elements of

compensation of members of the uniformed services to become

effective during fiscal year 1994 shall not be made.

"(b) Increase in Basic Pay, BAS, and BAQ. - Effective on January

1, 1994, the rates of basic pay, basic allowance for subsistence,

and basic allowance for quarters of members of the uniformed

services are increased by 2.2 percent."

MILITARY PAY RAISE FOR FISCAL YEAR 1993

Pub. L. 102-484, div. A, title VI, Sec. 601, Oct. 23, 1992, 106

Stat. 2420, provided that:

"(a) Waiver of Section 1009 Adjustment. - Any adjustment required

by section 1009 of title 37, United States Code, in elements of

compensation of members of the uniformed services to become

effective during fiscal year 1993 shall not be made.

"(b) Increase in Basic Pay, BAS, and BAQ. - Effective on January

1, 1993, the rates of basic pay, basic allowance for subsistence,

and basic allowance for quarters of members of the uniformed

services are increased by 3.7 percent."

RATE OF BASIC PAY APPLICABLE TO CERTAIN MEMBERS WITH OVER 24 YEARS

OF SERVICE

Pub. L. 102-484, div. D, title XLIV, Sec. 4402, Oct. 23, 1992,

106 Stat. 2701, as amended by Pub. L. 103-160, div. A, title VI,

Sec. 602(a), (b)(1), Nov. 30, 1993, 107 Stat. 1678, provided that:

"(a) Rate of Basic Pay. - Subject to subsection (b), the rate of

monthly basic pay for a member of the uniformed services who is

entitled to such pay under section 204 of title 37, United States

Code, is in pay grade E-7, E-8, E-9, W-4, W-5, or O-6, and has over

24, but under 26, years of service (as computed under section 205

of such title) shall be as set forth in the following table:

"RATE OF MONTHLY BASIC PAY

--------------------------------------------------------------------

Pay Grade 24-26 Years of

Service

--------------------------------------------------------------------

E-7 $2,359.30

E-8 $2,639.70

E-9 $2,977.70

W-4 $3,430.90

W-5 $3,827.30

O-6 $5,417.70

--------------------------------------------------------------------

"(b) Application of Pay Rate. - The rates of monthly basic pay

established under subsection (a) shall be effective for months

beginning after December 31, 1992.

"(c) Adjustments of Compensation. - The rates of monthly basic

pay established under subsection (a) shall be adjusted in

accordance with section 1009 of title 37, United States Code, or

other applicable provision of law, except that the increase in the

rates of basic pay made by section 601(b) [set out above] shall not

apply to the rates established under subsection (a)."

MILITARY PAY RAISE FOR FISCAL YEAR 1992

Pub. L. 102-190, div. A, title VI, Sec. 601, Dec. 5, 1991, 105

Stat. 1372, provided that:

"(a) Waiver of Section 1009 Adjustment. - Any adjustment required

by section 1009 of title 37, United States Code, in elements of

compensation of members of the uniformed services to become

effective during fiscal year 1992 shall not be made.

"(b) Increase in Basic Pay, BAS, and BAQ. - Effective on January

1, 1992, the rates of basic pay, basic allowance for subsistence,

and basic allowance for quarters of members of the uniformed

services are increased by 4.2 percent."

RATES OF PAY AND ALLOWANCES FOR CHIEF WARRANT OFFICERS

Pub. L. 102-190, div. A, title XI, Sec. 1111(c), Dec. 5, 1991,

105 Stat. 1491, provided that: "A warrant officer who holds the

grade of Chief Warrant Officer, W-5, is entitled to pay and

allowances at the monthly rates as follows:

"BASIC PAY

--------------------------------------------------------------------

--------------------------------------------------------------------

W-5 3455.90 3587.10 3846.30

--------------------------------------------------------------------

"BASIC ALLOWANCE FOR QUARTERS

--------------------------------------------------------------------

Pay grade Without With

dependents dependents

Full rate Partial

rate

--------------------------------------------------------------------

W-5 573.00 25.20 626.40

--------------------------------------------------------------------

"BASIC ALLOWANCE FOR SUBSISTENCE

134.42"

[Section 1111(c) of Pub. L. 102-190, set out above, effective

Feb. 1, 1992, see section 1132 of Pub. L. 102-190, set out as an

Effective Date of 1991 Amendment note under section 521 of Title

10, Armed Forces.]

MILITARY PAY RAISE FOR FISCAL YEAR 1991

Pub. L. 101-510, div. A, title VI, Sec. 601, Nov. 5, 1990, 104

Stat. 1575, provided that:

"(a) Waiver of Section 1009 Adjustment. - Any adjustment required

by section 1009 of title 37, United States Code, in elements of

compensation of members of the uniformed services to become

effective during fiscal year 1991 shall not be made.

"(b) Increase in Basic Pay, BAS, and BAQ. - Effective on January

1, 1991, the rates of basic pay, basic allowance for subsistence,

and basic allowance for quarters of members of the uniformed

services are increased by 4.1 percent."

MILITARY PAY RAISE FOR FISCAL YEAR 1990

Pub. L. 101-189, div. A, title VI, Sec. 601(a), (b), Nov. 29,

1989, 103 Stat. 1444, provided that:

"(a) Waiver of Section 1009 Adjustment. - Any adjustment required

by section 1009 of title 37, United States Code, in elements of

compensation of members of the uniformed services to become

effective during fiscal year 1990 shall not be made.

"(b) Increase in Basic Pay, BAS, and BAQ. - The rates of basic

pay, basic allowance for subsistence, and basic allowance for

quarters of members of the uniformed services are increased by 3.6

percent effective on January 1, 1990."

MILITARY PAY RAISE FOR FISCAL YEAR 1989

Pub. L. 100-456, div. A, title VI, Sec. 601(a), (b), Sept. 29,

1988, 102 Stat. 1976, provided that:

"(a) Waiver of Section 1009 Adjustment. - Any adjustment required

by section 1009 of title 37, United States Code, in elements of

compensation of members of the uniformed services to become

effective during fiscal year 1989 shall not be made.

"(b) Increase in Basic Pay and BAS. - The rates of basic pay and

basic allowance for subsistence of members of the uniformed

services are increased by 4.1 percent effective on January 1,

1989."

MILITARY PAY RAISE FOR FISCAL YEAR 1988

Pub. L. 100-180, div. A, title VI, Sec. 601(a), (b), Dec. 4,

1987, 101 Stat. 1092, as amended by Pub. L. 100-202, Sec. 110(b),

Dec. 22, 1987, 101 Stat. 1329-436, provided that:

"(a) Waiver of Section 1009 Adjustment. - Any adjustment required

by section 1009 of title 37, United States Code, in elements of

compensation of members of the uniformed services to become

effective during fiscal year 1988 shall not be made.

"(b) Two Percent Increase in Basic Pay, BAQ, and BAS. - The rates

of basic pay, basic allowance for quarters, and basic allowance for

subsistence of members of the uniformed services are increased by 2

percent effective on January 1, 1988."

MILITARY PAY RAISE FOR FISCAL YEAR 1987

Pub. L. 99-661, div. A, title XIII, Sec. 1310(c), Nov. 14, 1986,

100 Stat. 3983, provided that: "Subject to the condition specified

in subsection (a), the percentage of the increase in basic pay,

basic allowance for quarters, and basic allowance for subsistence

for members of the uniformed services, and the increase in pay for

cadets and midshipmen, specified in sections 601(b) [set out below]

and 601(c) [amending section 203 of this title], respectively, of

this Act is hereby reduced from 3 percent to 2 percent."

[The condition specified in subsection (a) is the condition

specified in section 1310(a) of Pub. L. 99-661, which was not

classified to the Code, but was met by enactment of section 1013 of

this title by Pub. L. 99-500 and Pub. L. 99-591.]

Pub. L. 99-661, div. A, title VI, Sec. 601(a), (b), Nov. 14,

1986, 100 Stat. 3873, provided that:

"(a) Waiver of Section 1009 Adjustment. - Any adjustment required

by section 1009 of title 37, United States Code, in elements of

compensation of members of the uniformed services to become

effective during fiscal year 1987 shall not be made.

"(b) Three Percent Increase in Basic Pay, Basic Allowance for

Quarters, and Basic Allowance for Subsistence. - The rates of basic

pay, basic allowance for subsistence, and basic allowance for

quarters of members of the uniformed services are increased by 3

percent effective on January 1, 1987."

Substantially identical provisions were contained in Pub. L.

99-500, Sec. 144(b), Oct. 18, 1986, 100 Stat. 1783-350, and Pub. L.

99-591, Sec. 144(b), Oct. 30, 1986, 100 Stat. 3341-353.

MILITARY PAY RAISE FOR FISCAL YEAR 1986

Pub. L. 99-145, title VI, Sec. 601, Nov. 8, 1985, 99 Stat. 635,

provided that:

"(a) Waiver of Section 1009 Adjustment. - Any adjustment required

by section 1009 of title 37, United States Code, in elements of the

compensation of members of the uniformed services to become

effective during fiscal year 1986 shall not be made.

"(b) Three Percent Pay Raise. - The rates of basic pay, basic

allowance for subsistence, and basic allowance for quarters of

members of the uniformed services are increased by 3 percent

effective on October 1, 1985."

MILITARY PAY RAISES FOR FISCAL YEAR 1985

Pub. L. 98-525, title VI, Sec. 601, Oct. 19, 1984, 98 Stat. 2533,

provided that:

"(a) Any adjustment required by section 1009 of title 37, United

States Code, in elements of the compensation of members of the

uniformed services to become effective during fiscal year 1985

shall not be made.

"(b)(1) Except as provided in paragraph (2), the rates of basic

pay and basic allowances for subsistence for members of the

uniformed services are increased by 4 percent effective on January

1, 1985.

"(2) The increase in rates of basic pay and basic allowances for

subsistence provided for in paragraph (1) shall not apply to

enlisted members in pay grade E-1 with less than 4 months active

duty."

DELAY UNTIL APRIL 1, 1984, OF PAY ADJUSTMENT OTHERWISE EFFECTIVE

OCTOBER 1, 1983; LIMIT; CONDITIONS FOR EARLIER EFFECTIVE DATE

Pub. L. 98-94, title IX, Sec. 901, Sept. 24, 1983, 97 Stat. 634,

provided that:

"(a) The adjustment required by section 1009 of title 37, United

States Code, in certain elements of the compensation of members of

the uniformed services to become effective on October 1, 1983,

shall not be made.

"(b)(1) Subject to the provisions of paragraphs (2) and (3), each

element of compensation specified in section 1009(a) of title 37,

United States Code, shall be increased for members of the uniformed

services by 4 percent effective on April 1, 1984.

"(2) The increase provided for in paragraph (1) shall not apply

to enlisted members in pay grade E-1 with less than 4 months active

duty.

"(3) The President may allocate the percentage increase specified

under paragraphs (1) and (2) in the same manner and to the same

extent the President is authorized under subsections (c) and (d) of

section 1009 of title 37, United States Code, to allocate any

percentage increase described in subsection (b)(3) of section 1009

of such title.

"(c) Notwithstanding the effective date of April 1, 1984,

prescribed in subsection (b) for the increase in compensation of

members of the uniformed services, if an adjustment is made after

the date of the enactment of this Act [Sept. 24, 1983] in the

General Schedule [5 U.S.C. 5332 note] of compensation for Federal

classified employees and such adjustment is to become effective

before April 1, 1984, the increase in the compensation of members

of the uniformed services provided for in subsection (b) shall

become effective on the first day of the first pay period for

members of the uniformed services which begins on or after the

effective date of the adjustment made in the compensation of

Federal classified employees."

PAY INCREASE OF 11.7 PERCENT FOR MEMBERS OF THE UNIFORMED SERVICES

EFFECTIVE WITH THE FIRST PAY PERIOD BEGINNING AFTER SEPTEMBER 30,

1980

Section 801 of Pub. L. 96-342 provided that:

"(a) Any adjustment required under the provisions of section 1009

of title 37, United States Code, relating to adjustments in the

compensation of members of the uniformed services, which would

otherwise first become effective beginning with any pay period in

fiscal year 1981 shall not become effective.

"(b)(1) Subject to the provisions of paragraph (2), each element

of compensation specified in section 1009(a) of title 37, United

States Code, shall be increased for members of the uniformed

services by 11.7 percent effective with the first pay period

beginning after September 30, 1980.

"(2) The President may allocate the percentage increase specified

under paragraph (1) in the same manner and to the same extent the

President is authorized under subsections (c) and (d) of section

1009 of title 37, United States Code, as amended by section 803 of

this Act, to allocate any percentage increase described in

subsection (b)(3) of section 1009 of such title, except that -

"(A) the provisions of subsection (d)(2)(B) of such section

shall not apply to this subsection or any action of the President

under this subsection; and

"(B) the overall average percentage increase in the elements of

compensation specified in subsection (a) of such section in the

case of any member of the uniformed services with four years or

less service may not exceed 11.7 percent."

LIMITS OF UPWARD ADJUSTMENT OF COMPENSATION

Pub. L. 94-106, title VIII, Sec. 819, Oct. 7, 1975, 89 Stat. 544,

provided that:

"(a) Notwithstanding any other provision of law, the aggregate

amount of any upward adjustments in certain elements of

compensation of members of the uniformed services required by

section 1009 of title 37, United States Code, may not exceed 5 per

centum during the period from January 1, 1975, through June 30,

1976, except that no such restriction shall apply unless a 5 per

centum restriction on the aggregate amount of upward adjustments of

the General Schedule of compensation for Federal classified

employees as contained in section 5332 of title 5, United States

Code, is also required during that period.

"(b) No reduction in compensation is required under subsection

(a) of any upward adjustment that may have been put into effect

under section 1009 of title 37, United States Code, between January

1, 1975, and the date of enactment of this section [Oct. 7, 1975].

"(c) Any upward adjustment in compensation which has been limited

by subsection (a) of this section to an amount or amounts less than

otherwise would have been in effect shall not be increased

subsequent to June 30, 1976 -

"(1) in order to compensate a member for the difference between

the amounts he has received under the provisions of subsection

(a) and the amounts he would have otherwise received; or

"(2) except in accordance with the normal procedures and timing

which would have been in effect for any such pay increase

subsequent to June 30, 1976, without regard to any limitation

under subsection (a) of this section."

RATES OF MONTHLY BASIC PAY

Section 5 of Pub. L. 93-419 provided that: "Until the effective

date of the first upward adjustment in the rates of monthly basic

pay for members of the uniformed services made by the President

under section 1009 of title 37, United States Code, as added by

section 4 of this Act, after the effective date of this Act [Sept.

19, 1974], the rates of monthly basic pay for members of the

uniformed services authorized by section 203(a) of that title are

those prescribed by Executive Order 11740 of October 3, 1973, which

became effective on October 1, 1973."

RATES OF BASIC ALLOWANCE FOR SUBSISTENCE

Section 6 of Pub. L. 93-419 provided that: "Until the effective

date of the first upward adjustment in the rates of basic allowance

for subsistence for enlisted members and officers made by the

President under section 1009 of title 37, United States Code, as

added by section 4 of this Act, after the effective date of this

Act [Sept. 19, 1974], the rates prescribed under section 402 of

title 37, United States Code, as it existed on the date before the

effective date of this Act, shall continue in effect."

RATES OF BASIC ALLOWANCE FOR QUARTERS

Section 7 of Pub. L. 93-419 provided that: "Until the effective

date of the first adjustment in the rates of basic allowance for

quarters for members of the uniformed services made by the

President under section 1009 of title 37, United States Code, as

added by section 4 of this Act, after the effective date of this

Act [Sept. 19, 1974], the rates of basic allowance for quarters

prescribed in section 403(a) of title 37, United States Code, as it

existed on the day before the effective date of this Act, shall

continue in effect."

ADJUSTMENT OF PAY RATES EFFECTIVE OCTOBER 1, 1981

Pub. L. 97-60, title I, Sec. 101, Oct. 14, 1981, 95 Stat. 989, as

amended by Pub. L. 98-557, Sec. 35(a), (c), Oct. 30, 1984, 98 Stat.

2877, eff. Oct. 1, 1984; Pub. L. 100-180, div. A, title XIII, Sec.

1314(d)(3), (e)(2), Dec. 4, 1987, 101 Stat. 1176, eff. Oct. 1,

1986, set forth tables specifying the increased rates of monthly

basic pay for members of the uniformed services, effective Oct. 1,

1981, and provided that the adjustment required by section 1009 of

this title in certain elements of the compensation of members of

the uniformed services which was to become effective on Oct. 1,

1981, should not be made, and no adjustment of the compensation of

any member of a uniformed service should be made pursuant to such

section for the period beginning on Oct. 1, 1981, and ending on

Oct. 14, 1981.

ADJUSTMENT OF PAY RATES EFFECTIVE JANUARY 1, 2003

Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, as amended, set

out as a note under section 5332 of Title 5, Government

Organization and Employees, provided for an adjustment of pay rates

under this section effective Jan. 1, 2003. See Schedule set out

below:

SCHEDULE 8

PAY OF THE UNIFORMED SERVICES

(EFFECTIVE ON JANUARY 1, 2003)

PART I - MONTHLY BASIC PAY

YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205)

COMMISSIONED OFFICERS

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

O-10(!1)

O-9

O-8 $7,474.50 $7,719.30 $7,881.60 $7,927.20 $8,129.40

O-7 6,210.90 6,499.20 6,633.00 6,739.20 6,930.90

O-6 4,603.20 5,057.10 5,388.90 5,388.90 5,409.60

O-5 3,837.60 4,323.00 4,622.40 4,678.50 4,864.80

O-4 3,311.10 3,832.80 4,088.70 4,145.70 4,383.00

O-3(!2) 2,911.20 3,300.30 3,562.20 3,883.50 4,069.50

O-2(!2) 2,515.20 2,864.70 3,299.40 3,410.70 3,481.20

O-1(!2) 2,183.70 2,272.50 2,746.80 2,746.80 2,746.80

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

O-10(!1)

O-9

O-8 $8,468.70 $8,547.30 $8,868.90 $8,961.30 $9,238.20

O-7 7,120.80 7,340.40 7,559.40 7,779.00 8,468.70

O-6 5,641.20 5,672.10 5,672.10 5,994.60 6,564.30

O-5 4,977.00 5,222.70 5,403.00 5,635.50 5,991.90

O-4 4,637.70 4,954.50 5,201.40 5,372.70 5,471.10

O-3(!2) 4,273.50 4,405.80 4,623.30 4,736.10 4,736.10

O-2(!2) 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20

O-1(!2) 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

O-10(!1) *$12,077.70 $12,137.10 $12,389.40 $12,8

29.20

O-9 10,563.60 10,715.70 10,935.60 11,319.60

O-8 $9,639.00 10,008.90 10,255.80 10,255.80 10,255.80

O-7 9,051.30 9,051.30 9,051.30 9,051.30 9,096.90

O-6 6,898.80 7,233.30 7,423.50 7,616.10 7,989.90

O-5 6,161.70 6,329.10 6,519.60 6,519.60 6,519.60

O-4 5,528.40 5,528.40 5,528.40 5,528.40 5,528.40

O-3(!2) 4,736.10 4,736.10 4,736.10 4,736.10 4,736.10

O-2(!2) 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20

O-1(!2) 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80

(!1) For officers serving as Chairman or Vice Chairman of the

Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval

Operations, Chief of Staff of the Air Force, Commandant of the

Marine Corps, or Commandant of the Coast Guard, basic pay for this

grade is calculated to be $14,155.50 per month, regardless of

cumulative years of service computed under section 205 of title 37,

United States Code. Nevertheless, actual basic pay for these

officers is limited to the rate of basic pay for level III of the

Executive Schedule, which is $11,874.90 per month.

(!2) Does not apply to commissioned officers who have been

credited with over 4 years of active duty service as an enlisted

member or warrant officer.

* Basic pay for these officers is limited to the rate of basic

pay for level III of the Executive Schedule, which is $11,874.90

per month.

--------------------------------------------------------------------

COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE AS AN

ENLISTED MEMBER OR WARRANT OFFICER

--------------------------------------------------------------------

Pay Over 4 Over 6 Over 8 Over 10

Grade

--------------------------------------------------------------------

O-3E $3,883.50 $4,069.50 $4,273.50 $4,405.80

O-2E 3,410.70 3,481.20 3,591.90 3,778.80

O-1E 2,746.80 2,933.70 3,042.00 3,152.70

-----------------------------------------------

Over 12 Over 14 Over 16 Over 18

-----------------------------------------------

O-3E $4,623.30 $4,806.30 $4,911.00 $5,054.40

O-2E 3,923.40 4,031.10 4,031.10 4,031.10

O-1E 3,261.60 3,410.70 3,410.70 3,410.70

-----------------------------------------------

Over 20 Over 22 Over 24 Over 26

-----------------------------------------------

O-3E $5,054.40 $5,054.40 $5,054.40 $5,054.40

O-2E 4,031.10 4,031.10 4,031.10 4,031.10

O-1E 3,410.70 3,410.70 3,410.70 3,410.70

--------------------------------------------------------------------

WARRANT OFFICERS

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

W-5

W-4 $3,008.10 $3,236.10 $3,329.10 $3,420.60 $3,578.10

W-3 2,747.10 2,862.00 2,979.30 3,017.70 3,141.00

W-2 2,416.50 2,554.50 2,675.10 2,763.00 2,838.30

W-1 2,133.90 2,308.50 2,425.50 2,501.10 2,662.50

-----------------------------------------------------------

Over 8 Over 10 Over 12 Over 14 Over 16

-----------------------------------------------------------

W-5

W-4 $3,733.50 $3,891.00 $4,044.60 $4,203.60 $4,356.00

W-3 3,281.70 3,467.40 3,580.50 3,771.90 3,915.60

W-2 2,993.10 3,148.50 3,264.00 3,376.50 3,453.90

W-1 2,782.20 2,888.40 3,006.90 3,085.20 3,203.40

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

W-5 $5,169.30 $5,346.60 $5,524.50 $5,703.30

W-4 $4,512.00 4,664.40 4,822.50 4,978.20 5,137.50

W-3 4,058.40 4,201.50 4,266.30 4,407.00 4,548.00

W-2 3,579.90 3,705.90 3,831.00 3,957.30 3,957.30

W-1 3,320.70 3,409.50 3,409.50 3,409.50 3,409.50

--------------------------------------------------------------------

ENLISTED MEMBERS

--------------------------------------------------------------------

Pay 2 or less Over 2 Over 3 Over 4 Over 6

Grade

--------------------------------------------------------------------

E-9(!1)

E-8

E-7 $2,068.50 $2,257.80 $2,343.90 $2,428.20 $2,516.40

E-6 1,770.60 1,947.60 2,033.70 2,117.10 2,204.10

E-5 1,625.40 1,733.70 1,817.40 1,903.50 2,037.00

E-4 1,502.70 1,579.80 1,665.30 1,749.30 1,824.00

E-3 1,356.90 1,442.10 1,528.80 1,528.80 1,528.80

E-2 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00

E-1(!2) 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80

E-1(!3) 1,064.70

-----------------------------------------------------------

Over 18 Over 20 Over 22 Over 24 Over 26

-----------------------------------------------------------

E-9(!1) $3,987.30 $4,180.80 $4,344.30 $4,506.30 $4,757.40

E-8 3,530.10 3,625.50 3,787.50 3,877.50 4,099.20

E-7 3,138.60 3,182.70 3,331.50 3,427.80 3,671.40

E-6 2,709.60 2,709.60 2,709.60 2,709.60 2,709.60

E-5 2,283.30 2,283.30 2,283.30 2,283.30 2,283.30

E-4 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00

E-3 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80

E-2 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00

E-1(!2) 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80

E-1(!3)

(!1) For noncommissioned officers serving as Sergeant Major of

the Army, Master Chief Petty Officer of the Navy or Coast Guard,

Chief Master Sergeant of the Air Force, or Sergeant Major of the

Marine Corps, basic pay for this grade is $5,732.70 per month,

regardless of cumulative years of service under section 205 of

title 37, United States Code.

(!2) Applies to personnel who have served 4 months or more on

active duty.

(!3) Applies to personnel who have served less than 4 months on

active duty.

--------------------------------------------------------------------

PART II - RATE OF MONTHLY CADET OR MIDSHIPMAN PAY

The rate of monthly cadet or midshipman pay authorized by section

203(c) of title 37, United States Code, is $764.40.

Note: As a result of the enactment of sections 602-694 [604] of

Public Law 105-85 [see Tables for classification], the National

Defense Authorization Act for Fiscal Year 1998, the Secretary of

Defense now has the authority to adjust the rates of basic

allowances for subsistence and housing. Therefore, these allowances

are no longer adjusted by the President in conjunction with the

adjustment of basic pay for members of the uniformed services.

Accordingly, the tables of allowances included in previous orders

are not included here.

-EXEC-

EXECUTIVE ORDER NO. 11812

Ex. Ord. No. 11812, Oct. 7, 1974, 39 F.R. 36307, which provided

for the adjustment of pay rates effective Oct. 1, 1974, was

superseded by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.

EXECUTIVE ORDER NO. 11883

Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided

for the adjustment of pay rates effective Oct. 1, 1975, was

superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889,

formerly set out as a note under section 5332 of Title 5,

Government Organization and Employees.

EXECUTIVE ORDER NO. 11941

Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by

Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided

for the adjustment of pay rates effective Oct. 1, 1976, was

superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 11998

Ex. Ord. No. 11998, June 27, 1977, 42 F.R. 33021, which related

to the President's Commission on Military Compensation, was revoked

by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set

out as a note under section 14 of the Appendix to Title 5.

EXECUTIVE ORDER NO. 12010

Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, which provided

for the adjustment of pay rates effective Oct. 1, 1977, was

superseded by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12087

Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided

for the adjustment of pay rates effective Oct. 1, 1978, was

superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12165

Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by

Ex. Ord. No. 12200, Mar. 12, 1980, 44 F.R. 16443, which provided

for the adjustment of pay rates effective Oct. 1, 1979, was

superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12248

Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided

for adjustment of pay rates effective Oct. 1, 1981, was superseded

by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set

out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12330

Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided

for adjustment of pay rates effective Oct. 1, 1981, was superseded

by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set

out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12387

Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided

for the adjustment of pay rates effective Oct. 1, 1982, was

superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as

amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord.

No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a

note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12456

Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex.

Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487,

Sept. 14, 1984, 49 F.R. 36493, which provided for adjustment of pay

rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496,

Dec. 28, 1984, 50 F.R. 211, formerly set out as a note under

section 5332 of Title 5.

EXECUTIVE ORDER NO. 12496

Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex.

Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for the

adjustment of pay rates effective Jan. 1, 1985, was superseded by

Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as

a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12578

Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided

for the adjustment of pay rates effective Jan. 1, 1987, was

superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12622

Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided

for the adjustment of pay rates effective Jan. 1, 1988, was

superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12663

Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for

the adjustment of pay rates effective Jan. 1, 1989, was superseded

by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set

out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12698

Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided

for adjustments of pay rates effective Jan. 1, 1990, and Feb. 1,

1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R.

51385, formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12736

Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which provided

for the adjustment of pay rates effective Jan. 1, 1991, was

superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12786

Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which provided

for the adjustment of pay rates effective Jan. 1, 1992, was

superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12826

Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, which provided

for the adjustment of pay rates effective Jan. 1, 1993, was

superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309,

formerly set out as a note under section 5332 of Title 5.

Previously Sec. 4 and schedule 8 of Ex. Ord. No. 12826 were

superseded by Ex. Ord. No. 12886, Dec. 23, 1993, 58 F.R. 68709,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12886

Ex. Ord. No. 12886, Dec. 23, 1993, 58 F.R. 68709, which provided

for the adjustment of pay rates effective Jan. 1, 1994, was

superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12944

Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which provided

for the adjustment of pay rates effective Jan. 1, 1995, was

superseded by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 12984

Ex. Ord. No. 12984, Sec. 4, schedule 8, Dec. 28, 1995, 61 F.R.

237, 243, which provided for the adjustment of pay rates effective

Jan. 1, 1996, was superseded by Ex. Ord. No. 12990, Feb. 29, 1996,

61 F.R. 8467, formerly set out as a note under section 5332 of

Title 5.

EXECUTIVE ORDER NO. 12990

Ex. Ord. No. 12990, Feb. 29, 1996, 61 F.R. 8467, which provided

for the adjustment of pay rates effective Jan. 1, 1996, was

superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 13033

Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided

for the adjustment of pay rates effective Jan. 1, 1997, was

superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 13071

Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided

for the adjustment of pay rates effective Jan. 1, 1998, was

superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151,

formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 13106

Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which provided

for the adjustment of pay rates effective Jan. 1, 1999, was

substantially superseded by Ex. Ord. No. 13144, Dec. 21, 1999, 64

F.R. 72237, formerly set out as a note under section 5332 of Title

5.

EXECUTIVE ORDER NO. 13144

Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, which provided

for the adjustment of pay rates effective Jan. 1, 2000, was

superseded by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66

F.R. 10057, formerly set out as a note under section 5332 of Title

5.

EXECUTIVE ORDER NO. 13182

Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057,

which provided for the adjustment of pay rates effective Jan. 1,

2001, was superseded by Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R.

639, formerly set out as a note under section 5332 of Title 5.

EXECUTIVE ORDER NO. 13249

Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, which provided

for the adjustment of pay rates effective Jan. 1, 2002, was

superseded by Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, as

amended, set out as a note under section 5332 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 203, 403, 407 of this

title; title 2 section 906; title 26 section 3121; title 42 section

409.

-End-

-CITE-

37 USC Sec. 1010 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1010. Commissioned officers: promotion; effective date for pay

and allowances

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 96-513, title IV, Sec. 403(c), Dec. 12, 1980, 94

Stat. 2905.)

-MISC1-

EFFECTIVE DATE

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.

-End-

-CITE-

37 USC Sec. 1011 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1011. Mess operation: reimbursement of expenses

-STATUTE-

(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,

and permitted to eat in the general mess by the commanding officer

of the installation, shall pay the commuted ration cost of such

meal or meals.

(c) Spouses and dependent children of enlisted members in pay

grades E-1, E-2, E-3, and E-4 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.

-SOURCE-

(Added Pub. L. 96-513, title IV, Sec. 413, Dec. 12, 1980, 94 Stat.

2906; amended Pub. L. 99-145, title VIII, Sec. 810(a), Nov. 8,

1985, 99 Stat. 681; Pub. L. 99-661, div. A, title VI, Sec. 655,

Nov. 14, 1986, 100 Stat. 3891; Pub. L. 101-189, div. A, title III,

Sec. 321, Nov. 29, 1989, 103 Stat. 1413; Pub. L. 104-324, title II,

Sec. 214(a), Oct. 19, 1996, 110 Stat. 3915; Pub. L. 107-296, title

XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

1996 - Subsec. (d). Pub. L. 104-324 added subsec. (d).

1989 - Subsec. (a). Pub. L. 101-189 substituted "and enlisted

members" for "or enlisted members entitled to a per diem

transportation allowance determined under section 404(d)(2) of this

title" and inserted at end "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."

1986 - Subsec. (b). Pub. L. 99-661 inserted "or when residing at

a military installation pursuant to an agreement in effect on June

30, 1986," in second sentence.

1985 - Subsec. (c). Pub. L. 99-145 added subsec. (c).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-145 effective Oct. 1, 1985, see section

813 of Pub. L. 99-145, formerly set out in a Military Family Policy

and Programs note under section 113 of Title 10, Armed Forces.

EFFECTIVE DATE

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 404 of this title.

-End-

-CITE-

37 USC Sec. 1012 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1012. Disbursement and accounting: pay of enlisted members of

the National Guard

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 97-258, Sec. 2(i)(2)(B), Sept. 13, 1982, 96 Stat.

1061; amended Pub. L. 99-145, title XIII, Sec. 1303(b)(13)(A), (B),

Nov. 8, 1985, 99 Stat. 741; Pub. L. 104-106, div. A, title VI, Sec.

602(c)(2), title IX, Sec. 913(c)(1), Feb. 10, 1996, 110 Stat. 357,

411; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(b)(5)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-292.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

1012 31:698a. Aug. 10, 1956, ch. 1041,

Sec. 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.

AMENDMENTS

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".

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1303(b)(13)(D) of Pub. L. 99-145 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]."

-End-

-CITE-

37 USC Sec. 1013 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1013. Payment of compensation for victims of terrorism

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 99-399, title VIII, Sec. 801(e)(1), Aug. 27, 1986,

100 Stat. 888; amended Pub. L. 100-456, div. A, title XII, Sec.

1233(g)(4), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101-510, div.

A, title XIV, Sec. 1484(h)(6), Nov. 5, 1990, 104 Stat. 1718.)

-COD-

CODIFICATION

Another section 1013 was renumbered section 1014 of this title.

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-510 substituted "1095a" for "1095".

1988 - Pub. L. 100-456 substituted "section 1032" for "section

1051".

-End-

-CITE-

37 USC Sec. 1014 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1014. Payment date for pay and allowances

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9103(1)], Oct.

18, 1986, 100 Stat. 1783-82, 1783-118, and Pub. L. 99-591, Sec.

101(c) [title IX, Sec. 9103(1)], Oct. 30, 1986, 100 Stat. 3341-82,

3341-118, Sec. 1013; renumbered Sec. 1014, Pub. L. 100-26, Sec.

8(b)(2), Apr. 21, 1987, 101 Stat. 285; amended Pub. L. 105-85, div.

A, title VI, Sec. 603(d)(1)(E), Nov. 18, 1997, 111 Stat. 1782.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-85 substituted "housing" for

"quarters".

EFFECTIVE DATE OF 1997 AMENDMENT

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.

EFFECTIVE DATE

Section 101(c) [title IX, Sec. 9103(4)] of Pub. L. 99-500 and

Pub. L. 99-591, as amended by Pub. L. 100-26, Sec. 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."

-End-

-CITE-

37 USC Sec. 1015 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 19 - ADMINISTRATION

-HEAD-

Sec. 1015. Annual report on effects of recruitment and retention

initiatives

-STATUTE-

Not later than December 1 of each year, the Secretary of Defense

shall submit to Congress a report that sets forth the Secretary's

assessment of the effects that the improvements to compensation and

other personnel benefits made by title VI of the National Defense

Authorization Act for Fiscal Year 2000 are having on the

recruitment of persons to join the armed forces and the retention

of members of the armed forces.

-SOURCE-

(Added Pub. L. 106-65, div. A, title VI, Sec. 673(a)(1), Oct. 5,

1999, 113 Stat. 674.)

-REFTEXT-

REFERENCES IN TEXT

Title VI of the National Defense Authorization Act for Fiscal

Year 2000, referred to in text, is title VI of div. A of Pub. L.

106-65, Oct. 5, 1999, 113 Stat. 444, as amended. For complete

classification of title VI to the Code, see Tables.

-MISC1-

FIRST REPORT

Pub. L. 106-65, div. A, title VI, Sec. 673(b), Oct. 5, 1999, 113

Stat. 674, provided that: "The first report under section 1015 of

title 37, United States Code, as added by subsection (a), shall be

submitted not later than December 1, 2000."

-End-